How the Law Office of David E. Lewis Sets the Bar High for Criminal Justice

Posted on May 9, 2019 by admin

When you are a client of criminal defense attorney, David E. Lewis, you can expect high standards from start to finish. He and his legal team provide professional 24/7 client communication and unparalleled client support. We understand that our clients’ needs don’t revolve around convenient office hours.

This is why we are always available by means of email or phone, and remain prepared to take action whenever our client’s, or their case, calls. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. We leave no stone unturned when fighting our clients’ criminal charges.

Continue below to learn why the Law Office of Attorney David E. Lewis is the right choice for your criminal defense in Indiana!

David E. Lewis Attorney at Law 317-636-7514

Our Company Pledge

We vow to never give up or back down. We use every resource in our power to preserve our clients’ freedoms and protect their rights in all ways, including:

☑ Building a Custom Defense for Each Individual Client

We are determined to win an advantageous outcome in court for clients that have been charged or convicted of a misdemeanor or felony in Indiana. He uses his cunning knowledge of law, as well as his extensive trial and litigation experience, to aggressively represent his clients in both state and federal courts.

☑ Keeping Clients Fully-Informed at All Times

Our law firm understands that an arrest in the family is troubling, and everyone has several questions afterwards. This is why we work side-by-side with our clients from start to finish, guiding them throughout the entire criminal process safely and securely, all while working to win them a better outcome in court.

☑ Respecting All Clients & Never Passing Judgement

We recognize that people make mistakes, and sometimes get caught up in the wrong place at the wrong time. The law office of David E. Lewis is committed to being a strong and reliable helping hand that stays firm in order to safeguard our client’s legal rights and re-open doors for them so they may have an opportunity for a second chance in life.

Our Mission

Our hope for all our clients is simple: That they may be reunited with their families and loved ones, and get back to leading a happy and law-abiding life after a distressing arrest. Attorney, David E. Lewis can accomplish this for many people charged with a crime in Indianapolis, Indiana.

Start Today!

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. From there, will develop the best strategies for your defense so that you can avoid the maximum penalties for your criminal charges in Indiana.

What You Can and Can’t Legally Do When Stopped By a Cop

Posted on May 7, 2019 by admin

When you are stopped by police, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you.

Continue reading to learn what you need to know about being stopped by a cop, including how long an officer can detain you without making an arrest and more.

Cop Stops

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What to Expect

During a typical cop stop, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may request additional documents, including vehicle registration, drivers’ license, car insurance, and title.

How to Conduct Yourself

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused.

Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward. If you believe you were wrongfully arrested or treated by police, or detained or held in custody for too long without being charged for a crime, you should contact an Indianapolis criminal defense attorney for help.

Indiana Criminal Defense Law Firm

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

Indianapolis Criminal Defense 317-636-7514

Is a Plea Bargain the Same as a Plea Deal?

Posted on April 19, 2019 by admin

If you are facing criminal charges, it is very likely that you will be offered some alternatives to the maximum penalties for your crimes if you plead guilty. Before taking any chances on your rights and your freedoms, be sure to discuss your legal defense options with a trusted criminal defense lawyer who can protect you. In the meantime, it will help you to clear up some confusion regarding guilty and non-guilty pleas, including how the law defines a plea bargain.

Plea Bargains

A plea bargain IS the same as a plea deal; they are legal terms that are used interchangeably to describe the same legal principal or action. In plainest terms, a plea deal is a binding legal agreement in a criminal case made between a defendant and the prosecutor in which the defendant agrees to plead guilty to the original criminal charges (or to a lesser charge or lighter sentence) instead of going to trial.

In order to receive a plea deal, a prosecutor must be willing to offer one. A defendant cannot request a plea bargain for their criminal case. Furthermore, once a defendant agrees to a plea bargain, neither they nor the prosecutor can withdraw the deal. So what do prosecutors offer in plea deals? Generally, the prosecutor will agree to recommend a lighter sentence to the court, suggest that the court drop one or more criminal charges, or agree not to compete against the defendant’s requested sentence.

Plea Deal or No Deal?

So why to defendants prefer to take plea deals instead of going to trial? Because if the defendant chooses to go to trial, the forfeit the plea deal, and risk being convicted of the maximum charges and penalties. However, courts must approve plea deals before they can be handed down to a defendant. So just because the prosecution offers a plea bargain does not mean the court will ultimately approve it for a defendant’s criminal case.

Advantages of plea deals are easy to see; not only will you be given a lesser charge, or have charges reduced or dismissed, you will also be given lighter penalties for your conviction. However, there are also grave disadvantages to accepting a plea bargain, namely waiving some of your constitutional rights, such as the right not to incriminate oneself, the right to a jury trial, and the right to confront one’s accuser. By choosing trial over a plea deal, a defendant preserves these constitutional rights and more.

Furthermore, a plea bargain always results in a conviction, which can also be a severe disadvantage. For example, if you are charged with rape, but you are entirely innocent, you may not want to falsely plead guilty under any circumstances, and then be put on a sexual offender list for the rest of your life. Worst of all, plea deals are not really set in stone. A judge or prosecutor can change their minds once the sentence is being handed down.

Talk to a Trusted Criminal Defense Lawyer

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal 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.

The Legal Penalties for Visiting a Common Nuisance

Posted on April 15, 2019 by admin

Did you know that your presence alone can get you charged with a crime even if you’re innocent? It’s called “Visiting a Common Nuisance”, which also relates to similar crimes called, “A Place of Common Nuisance” and “Maintaining a Common Nuisance.” Continue reading to learn what constitutes these criminal charges, what they entail in terms of jail time and court orders, as well as, how to avoid being charged with such crimes.

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A Place of Common Nuisance

A place of common nuisance is any private property where illegal activity is taking place. This can be a house, boat, vehicle, apartment, hotel room, or any other private residence. The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Common Nuisance

Anyone person that knowingly visits a place of common nuisance is committing a crime, and if caught, can be charged with “visiting a common nuisance.” Here’s an example of a situation where a person can be arrested and charged with this crime, without actually taking part in the illegal activity:

Ella is on vacation in New York City with her best friend, Jenny. While out on the town celebrating, they meet a group of guys who invite them back to their place for a drink. When the girls walk into the apartment, they immediately notice some guns on the counter, and some drugs laying out on the table. They decide to stay and have a few drinks, even though they do not like guns nor use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Ella and Jenny did not partake in the marijuana usage, and do not own the guns, they can be arrested and charged for visiting a common nuisance.

Maintaining a Common Nuisance

If a person allows someone, or a group of people, to use drugs or partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” For instance, if a girl lets her friend shoot up heroin in her apartment, she could be arrested and charged with this crime. The same applies to parents who allow their children to drink underage or use drugs in their home.

Indiana Criminal Defense You Can Trust

How Indiana Classifies Felony Offenses

Posted on April 10, 2019 by admin

If you are facing serious criminal charges, especially ones that are considered “wobblers”, meaning they can be a felony or misdemeanor depending on your plea deal, presiding judge, defense lawyer, and more, it is important that you understand just how our state classifies felony offenses. Continue reading to learn the Indiana classification system used for felonies, as well as, who to trust for aggressive criminal defense that will protect you from the maximum penalties for your particular charges.

What is a Felony?

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, such as fines and community service. The least serious classification of felonies and are casually referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney.

Prior to 2014

Back in 1977, Indiana adopted a legal classification system for felony offenses using an “A” through “D” model, with “Murder” being its own class offense. All felony offense in Indiana, then and now, are penalized with jail time. But in addition to jail time, all classifications were also accompanied with the penalty of paying fines up to $10,000.

Until 2014, the “A-D” felony classification system looked like this:

Murder: 45 to 65 Years in Prison
Class A Felony: 20 to 50 years in Prison
Class B Felony: 6 to 20 years in Prison
Class C Felony: 2 to 8 years in Prison
Class D Felony: 6 months to 3 years in Prison

After July 1^st, 2014

In 2014, the 2013 Criminal Code Revision went into effect in Indiana, thus changing the classification system for felony offenses from an alphabetic one to a numerical one. With “Murder” still being its own class offense, all felonies change from “A – D” to “1 – 6”, with a Level 6 felony being the least serious. Along with the system change, the time in prison changed as well.

After 2014, the “A-D” felony classification system change to this:

Murder: 45 to 65 years in Prison
Level 1 Felony: 20 to 40 years in Prison
Level 2 Felony: 10 to 30 years in Prison
Level 3 Felony: 3 to 16 years in Prison
Level 4 Felony: 2 to 12 years in Prison
Level 5 Felony: 1 to 6 years in Prison
Level 6 Felony: 6 months-2.5 years in Prison

Why the Change?

The primary purpose of the 2013 Criminal Code Revision was to help separate the more violent crimes from offenses known as “victimless crimes”, such as drug and paraphernalia possession. In fact, these changes significantly reduced the penalties for possession of drugs and controlled substances.

For example, if a person was caught with 3 or more grams of cocaine on them prior to the changes, they would have been charged with a Class B Felony, which at the time, was punishable by 6 to 20 years in prison. But after the changes to the criminal code, they would likely be charged with a Level 5 Felony, which is punishable by 1 to 6 years in prison.

Who to Trust for Felony Criminal Defense in Indiana

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your felony crimes. 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!

Schedule a Free Initial Consultation, Today!

Can I Go to Jail for Keying a Car?

Posted on April 5, 2019 by admin

Property vandalism is a crime, and cars are property. What does this mean for someone who got revenge by taking a key to their ex-friend’s ride? It means legal consequences, and even possible jail time. Continue reading to learn how both state and federal law governs and penalizes car vandalism, as well as, what you need to do if you are suspected of a similar crime in Indianapolis.

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Keying a Car

Whether your boyfriend was caught having dinner with another woman, or you had a revenge plan against a pal who betrayed you, keying their car is not the right way to get back at them for their moral crimes. Why? Well, you could face some pretty strict consequences if you are caught and prosecuted.

To make matters more risky, even if your friend does not wish to press charges against you, the state still might. Vandalism comes in many forms, but regardless, all forms are illegal, and categorized under “Criminal Mischief” under Indiana Code. The offense is also referred to as “criminal damage”, “malicious trespass”, or “malicious mischief.”

Below, you will find the standard levels of offenses and their subsequent penalties for vandalism in Indiana.

⚖ Criminal Mischief (Vandalism)

Indiana Code § 35-43-1-2: “A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief.”

Less Than $750 in Total Damages = Class B Misdemeanor – Up to 180 days in jail – Up to a $1,000 fine;

$750 – $50,000 = Class A Misdemeanor – Up to 1 year in jail – Up to a $5,000 fine;

More Than $50,000 = Level 6 Felony – Between 6 months and 2.5 years in jail – Up to a $10,000 fine;

Also a Level 6 Felony if damage causes substantial impairment of service to the public, done to a public record, or to a law enforcement animal (35-46-3-4.5)

Facing Vandalism Charges in Indianapolis?

If you vandalized property, whether a car or something else, the state has two years to file charges against you. Furthermore, you can also face a civil lawsuit brought on by the victim of the vandalism in order for them to recover additional compensation for their property damages. If you were caught, or have been suspected of, vandalism within the past two years, it would be wise to hire a seasoned criminal defense attorney as soon as possible to avoid the maximum penalties for your vandalism charges in Indianapolis, Indiana.

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!

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Is Peeping Tom a Real Law in Indiana?

Posted on April 2, 2019 by admin

We’ve all heard of a “peeping Tom”; but what does it really mean? And furthermore, is it a real crime recognized by the state of Indiana? These are common questions asked by both suspected victims and perpetrators of privacy offenses. Continue reading to learn what you need to know about “peeping Toms”, including where the term originated from, what the Indiana law says about it, and what you can do if you are suspected of the crime.

What is a “Peeping Tom”?

The phrase “Peeing Tom” is said to have originated in 11^th Century England from Lady Godiva’s infamous nude ride through the streets of Coventry. After ordering the town to close all windows and shutters to avoid seeing her naked, a tailor supposedly named Tom bore a hole in his shutters in order to catch a peek at the Queen. The story goes on to say that the tailor was instantly struck blind, or later died, as a result of his offense.

Although we cannot know the true context of this century-old tale, modern governments do recognize peeping Tom-like crimes. A “peeping Tom” is colloquially defined as an unauthorized person who sneakily looks into a window, door, or other private opening into a dwelling, and spies on an oblivious person (or persons), all for the purpose of sexual pleasure and excitement. In virtually all cases, a peeping Tom is looking onto those who are undressing, in the nude, or partaking in sexual activity with someone else.

The Indiana Law

In our state, the law does have something to say about peeping Toms; it’s called voyeurism. The matter is criminalized in the Indiana voyeurism statute IC 35-45-4-5, which states that a person “who knowingly or intentionally:

(A) peeps; or

(B) goes upon the land of another with the intent to peep;

into an occupied dwelling of another person; or

(2) who knowingly or intentionally peeps into an area where an

occupant of the area reasonably can be expected to disrobe,

including:

(A) restrooms;

(B) baths;

(D) dressing rooms;

…without the consent of the other person, commits voyeurism.

Charged With Voyeurism in Indiana?

In Indiana, the penalty for voyeurism ranges from a Class A misdemeanor to a Level 6 Felony, depending on the specific details of the crime. If you were recently charged with a peeping Tom crime, contact a licensed and experienced Indiana criminal defense attorney to avoid the maximum penalties for your charges.

Call 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.

Answers to Your Questions About Public Defenders

Posted on March 27, 2019 by admin

When facing criminal charges in the United States, a defendant is given the privilege of choosing between public or private criminal defense. By opting for a public defender, a person is not obligated to pay for lawyer fees. But there is more to know and understand about public defense before moving forward with such representation.

Continue reading to review some common questions regarding public defense, and who to call for trusted legal advice in Indianapolis.

What is a Public Defender?

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges.

Are Public Defenders Real Lawyers?

Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. The major difference between private and public defense is case load. Public defenders are usually much busier, and have multiple cases working at once, which takes away from the time they can put into to a person’s defense.

Can Anyone Have a Public Defender?

If a defendant opts for a public defender, one will be appointed to them until they can prove they are indigent. Eligibility requirements for public defense varies from jurisdiction to jurisdiction. Some courts may require defendants to provide fee estimates from multiple private law firms, along with proof of financial records, to prove they cannot pay for private representation. While other courts simply take a defendant’s word or allow them to choose regardless of how much they earn.

When Will I Be Offered a Public Defender?

After an arrest, a court hearing called an arraignment will be scheduled. This is a defendant’s initial hearing in which their criminal charges will be read to them by a judge, and then they will be asked to plead ‘guilty’ or ‘not guilty’ to their charges. For those with private counsel, their attorney will already be present. As for all others, the arraignment hearing is when a defendant will be given the opportunity to accept a public defender.

Should I Choose Public Defense?

For serious criminal charges, private representation is vital in order to get the personalized, one-on-one attention your case needs to avoid the maximum penalties for your charges. Even for minor to moderate cases, private representation is a better choice because they can afford to dedicate 100 percent of their time and attention to building a strong and impactful defense against your criminal charges.

Who Can I Trust for Private Criminal Defense in Indianapolis?

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 You Go to Jail for Not Paying Your Debts?

Posted on March 15, 2019 by admin

If you are fearful of going to jail because you have not been able to pay off your cable bill or keep up with your car payments, you will be relieved to learn that the United States outlawed debtors’ prisons back in the early 19^th century. However, there are still instances in which an Indiana resident might face jail time or other penalties as a result of owing a debt.

Continue reading to learn more about owing a debt in Indiana, including who to trust for accurate legal advice.

The penalties for owing an outstanding debt vary from state to state. When it comes to being locked up for your debt, it can happen, but only under particular circumstances. If you have questions about facing criminal charges for owing money to a company, creditor, or collection agency, contact a licensed criminal defense attorney for accurate answers and legal guidance.

Common Cases of Debtors’ Arrests

✧ Arrest Warrants:

The umbrella factor for being arrested as a result of an outstanding debt are arrest warrants. If a warrant is issued for your arrest, you will have to surrender to the jail and post your bond to get out.

✧ Violation of Court Orders:

Most often, debtors are arrested and taken to jail as a result of neglecting to make court-order payments. If a court orders you to do something, and you fail to do it, you can be held in contempt of court.

✧ Small Claims Court Hearings:

Another circumstance that can land a debtor in jail is missing a court date. If a small claims court hearing is scheduled, and you do not attend, the court will issue a warrant for your arrest.

Statute of Limitations for Collecting Debt

Unfortunately, many debtors are never notified that they are expected in court, and thus, don’t even know they were sued. This is how arrest warrants can come about. As for law in Indiana, if a creditor successfully sues a person, they have 10 years to collect that judgment under its statute of limitations for court judgments.

Where to Get Accurate Legal Advice

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 if you were issued an arrest warrant for a debt owed in Indiana. You can schedule a free initial consultation to discuss the best course of action for your case with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

Which Constitutional Rights Can Be Waived in a Criminal Sentencing Hearing?

Posted on March 8, 2019 by admin

If you are awaiting criminal sentencing, it is wise to educate yourself on the criminal justice process in order to know what to expect on this impending journey. Although your publically or privately-appointed criminal attorney will take on the majority of the legal load in building your defense, it helps to do your part by being well-informed and prepared to make the best legal decisions for yourself. One of the most important area of law to understand are your Constitutional rights, especially during your sentencing hearing.

Continue reading to learn which Constitutional rights can be waived at your upcoming criminal sentencing hearing.

Prior to pleading guilty, or not guilty, at your sentencing hearing, a judge must ensure that you fully understand certain Constitutional rights. You must know these rights so that you can make the best decision for yourself in terms of pleading guilty; because once you plead guilty, you forever waive these rights and cannot go back and undo your decision.

Here are the typical Constitutional rights you will be expected to understand prior to pleading guilty at your criminal sentencing hearing:

⚖ The right to a public and speedy trial by jury.

⚖ The right to a speedy trial by jury.

⚖ The right to not testify against yourself, or the right against self.

⚖ The right to see, hear, face, and cross–examine witnesses against you.

⚖ The right to compel people through subpoena power of the court to testify on your behalf at no expense to you.

⚖ The right for the state to prove you guilty beyond a reasonable doubt and be presumed innocent.

⚖ The right to have an attorney appointed to you at no expense to you if you qualify.

⚖ The right to appeal your sentence if convicted by the court, including challenging the sentence imposed by the court on any open term.

Where to Get Trusted Legal Counsel

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indianapolis criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.