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?

Indianapolis Criminal Defense 317-636-7514

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.

Factors That Affect Jail Sentences

Posted on March 5, 2019 by admin

After being arrested or charged with a crime, there are handfuls of common questions that start to go through your mind. Some of the most commonly asked questions has to with jail time. Defendants want to know whether or not they have to serve time in jail, and if so, how long. If this is something that is also a concern to you as a person facing criminal charges, continue reading to learn which factors affect jail sentences.

⚖ Nature of Charge

The first factor that will be scrutinized by the prosecution and court magistrates is the nature or severity of the crime. For those charged with violent or sexual offenses will face a stricter level of scrutiny and judgement compared to those charged with non-violent and non-sexual offenses. In Indiana, jails are very overcrowded, so most often, those charged with a misdemeanor are not sentenced to jail time. In terms of felony charges, jail time is more likely. It all depends on the nature of the crime, as well as, the other factors discussed in this blog. Felonies are divided into 7 categories in Indiana: Level 1through Level 6, and then Murder. Level 6 felony crimes are the least serious type of felony, however, they are still punishable up to 3 years in prison.

⚖ Criminal History

Another major factor considered when facing jail time is criminal history. Prosecution and judges will look to see if a defendant has a history of being a habitual offender, or if they have any current pending charges against them. If someone has committed a series of serious offenses, especially the same ones, the state will likely want to seek a jail sentence. For instance, if a person is habitually being arrested for stealing cars, they will likely be sentenced to jail after a habitual felony arrest. On the other hand, if a person has a history of drug abuse and possession offenses, they may be order to rehabilitation programs in lieu of jail time. Again, it all depends on a variety of factors.

⚖ Strength of the Case

Another leading factor in determining a jail sentence for an accused defendant is the state’s case. If the state does not have a strong enough case against a defendant for their suspected crime, it is not likely that they will have to spend any time in jail. If the state does not have a sufficient amount of evidence to prove a defendant’s guilt at trial, the defendant’s legal team will have more luck negotiating out from jail time. If the state has a lot of evidence, and thus, a strong case, they have more leverage to seek jail time. But without a strong case, they are more likely to be lenient.

⚖ Alternative Sentencing

As mentioned, the state might offer drug rehabilitation as an alternative to jail time. They may also do this for other offenses as well. Rather than jail time, the state may allow a defendant to be sentenced to alternative programs, such as substance abuse rehabilitation, community service, victim impact panels, and similar community corrections programs.

Who to Call for Legal Advice and Representation

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.

What You Need to Know About Resisting Arrest

Posted on February 26, 2019 by admin

The United States of America is one of the greatest countries on Earth because of the civil liberties and rights bestowed upon us as citizens. These protections are what separates our nation from so many others. A current hot topic regarding such protections involves discussions on police misconduct and false arrests. As citizens, we are protected against injustices like these, but that does not mean they never occur. On the other hand, even if police may be wrong in an arrest, a person should never, under any circumstances, resist.

Continue reading to learn the importance of complying with law enforcement no matter what, and who to call if you have been charged with resisting arrest in Indiana.

The Risk You Take On

If you counterattack arrest by law enforcement, not only will you face the original charges they are arresting you for, you will also be charged with a second crime of resisting arrest. This reason alone is enough to warn you about the risk of resisting an arrest by a police officer. If you are ever in a situation where a policeman wants to arrest you, you must let it happen and comply peacefully; otherwise, it will come back to hurt you and your case in the end, which can lead to higher fines, longer jail time, and harsher penalties.

Indiana Laws for Resisting Arrest

Indiana Code 35-44.1-3-1 defines “resisting arrest” as, “(…) when a person knowingly and intentionally: Forcibly resists or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in executing their duties; Forcibly resists or interferes with the authorized service or execution of a civil or criminal process or court order; or Flees from a law enforcement officer after the officer has identified themselves* and ordered the person to stop.” The state allows police officers to identify themselves either visibly or audibly, which also includes their police lights and sirens.

Possible Penalties

If charged with resisting arrest, convictions can range from Class A misdemeanors to a Level 2 felonies, depending on enhancements, priors, and other factors of the specific details of the crime. Furthermore, those charged face fines up to $5,000 and up to 30 years in prison; a Class A Misdemeanor is up to 1 year in jail, while a Level 2 Felony is 10 to 30 years.

Facing Charges for Resisting Arrest?

When it comes to addressing police misconduct, abuse, or false arrests, it is best done after the arrest and release from jail have taken place. Your first step to refuting or fighting a false arrest is to hire a seasoned Indiana criminal defense lawyer who can aggressively investigate your case and build a strong defense against your charges.

Indiana Criminal Defense You Can Trust

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. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

FAQS About Indiana Criminal Courts

Posted on February 18, 2019 by admin

If you are currently facing criminal charges, it is likely that you are nervously awaiting your trial hearing. And just like many other defendants facing criminal charges, you have questions and concerns about the criminal court process and the potential outcomes you face.

To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal courts in Indiana. This may relieve some of the anxiety commonly experienced while awaiting your court date.

What is the Difference Between State Court and Federal Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

What is the Indiana Court of Appeals?

The Indiana Court of Appeals is the court with the power to review the judgements of lower courts and tribunals. An appeal is a post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly. See our blog, “Information About State Felony Appeals and Criminal Defense” to learn more.

What are Circuit and District Court Systems?

District courts are subordinate courts that hold trials for federal-level criminal cases, including general litigation issues and challenges to federal laws. They also deal with sentencing and hand down penalization orders. Circuit courts are one step below the Supreme Court, which can send cases back to district or circuit court to be reviewed. They are also known as “Federal court of appeals” because they are appellate courts responsible for overseeing criminal appeals for cases arising from the district court system.

Is there Court for Juveniles and Minors?

Juvenile crimes are handled in a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes. Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Where Can I Find a Criminal Defense Attorney for Both State and Federal Crimes?

Call 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 Attorney David E. Lewis 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!

What You Need to Know About Indiana Protective Orders

Posted on February 13, 2019 by admin

Whether you are interested in pursuing a protective order for yourself, or on the other end of one, there are some things you need to know about the state laws surrounding such court-ordered documents. If you feel like you are in immediate danger, contact the local police station or call 911 for protection. If you are simply looking to learn more about protective orders in Indiana, continue reading.

Restraining Order Violation Lawyer Indiana — Did You Violate a Restraining Order in Indiana? Call 317-636-7514 TODAY.

What They Are

Protective orders, also known as “restraining orders”, are court-ordered documents that force an individual to keep a certain distance from the person petitioning for the order. They are often used in cases of domestic violence to protect abused spouses, as well as, cases of stalkers, extortionists, and similar threatening situations. Most restraining orders are valid for up to 60 days.

You can find details of the exact laws surrounding protective orders by reviewing the Civil Law and Procedures of Indiana Code 34-26-5-1, et seq.

Protection Order Registry

You can look up local, state and national protective orders in a database. The Indiana Supreme Court joined forces with the Indiana Criminal Justice Institute, as well as the State Police, to be approved for two federal grants in order to develop and execute a statewide Protection Order Registry (POR). Learn more about this registry, here.

Where to Get a Protective Order in Indiana

Either yourself of a member of your household can legally petition for a protective order in Indiana. In order to do so, you must go to the Circuit Court Clerk in your county of residence and fill out a petition. You may also get online assistance via a victim advocacy organization. Visit here to learn where to find advocate organizations in Indiana.

Did You Violate a Protective Order?

Can I Refuse a Dog Sniff Search of My Vehicle?

Posted on January 25, 2019 by admin

The legalities of open-air canine dog sniff searches have always been a hot topic in the criminal law field. The reality is that K-9 dog sniff searches are a common law enforcement practice, and take place frequently. So the legitimacies surrounding these stops and searches continue to be complex and quite ambiguous. Continue below to learn what you really need to know about canine searches.

The specifics of every individual traffic stop and dog sniff case are factually different, making it necessary to consult an experienced criminal defense attorney for a better understanding of canine dog sniff laws in your state, and how they might affect your case. Do this BEFORE you are faced with the question, “May I let the dogs sniff search your vehicle?” Because saying “no” to police can result in an instant arrest, suspended license, or worse, depending on what the laws are in your state.

Police K-9 Searches

K-9 dog sniff searches most often take place during a routine traffic stop. The legal standard for an officer’s right to pull a motorist over is vague. Essentially, law enforcement can stop a driver for almost any reason, so long as they have “good faith” or “a strong belief” that a motorist has committed a traffic violation. If later it is discovered that no traffic violation actually occurred, the police officer still had the right to make the stop.

However, if it is discovered that the officer stopped the motorist for invalid reasons, anything found in or around the vehicle is suppressed in court and cannot be used against the motorist. This is why a criminal defense lawyer will initially ignore the legitimacy of the dog sniff search, and first determine if the original traffic stop was valid to begin with.

When a defendant wants to prove the unconstitutionality of an open-air dog sniff search during a routine traffic stop, they must prove two facts in a court of law:

❶ There was no reasonable suspicion of criminal conduct taking place that would have validated prolonging the primary reason for the stop;

❷ Once the original reason for the stop was completed, they were detained for an unreasonable amount of time in order for law enforcement to carry out the open air k-9 search;

If an officer pulls a motorist over for a minor traffic violation, issues a ticket for the infraction, and completes the process for such a stop, they have no further reason to detain the person any longer unless they have reasonable suspicion that other crimes are afoot. For example, if the officer discovers a warrant for their arrest, or a suspended license, they have the right to take more time to investigate further.

But if the warrant check comes back clean and everything else is good, and the motorist is already issued a ticket for the original reason for the stop, law enforcement cannot detain the driver any longer. On the other hand, if a warrantless k-9 sniff is performed during the original stop, and before the officers’ duties of the stop are completed, the search and seizure procedures are NOT in violation of a motorists’ constitutional rights.

Contact a Criminal Defense Lawyer

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

Talk to a licensed and experienced Indianapolis criminal defense attorney for a complete understanding of your traffic stop and resulting criminal charges. Trust Attorney David E. Lewis for professional and accurate legal advice you can trust. Call at 317-636-7514 to schedule a free initial consultation to discuss your case and the best possibly strategies for defense.

3 Step Approach to Explaining a Misdemeanor in a Job Interview

Posted on January 11, 2019 by admin

If you are planning to undergo a slew of job interviews, it is wise to prepare by going through mock interview questions. This is especially true for those who have a misdemeanor criminal record. Employers these days can run background checks on potential hires with just a simple click of a button; so if you had an arrest or misdemeanor charge in your past, you can safely assume your interviewer will know about it.

But do not be concerned; so long as you know how to appropriately answer job interview questions about your misdemeanor record, you can prove to your future employer that your past is truly in the past, and does not characterize to your current reputation or work ethic.

Continue reading to learn an easy, 3 step approach to answering job interview questions about your criminal history.

Criminal Record Expungement 317-636-7514 — Criminal Record Expungement Attorney 317-636-7514

You may be worried that no one will hire you because you have a past arrest or criminal record. You may be asking yourself, “Will I ever have a decent job role again?” The answer is “yes”; someone will hire you, so long as you can represent yourself in a professional and respectful manner, and discuss your criminal record with transparency and remorse.

Here are the three steps to follow when your criminal record comes up in a job interview:

❶ Explain What Happened

With as much maturity and honesty as possible, explain the situation surrounding your arrest or criminal charge. Do not go into great detail, but do lay out the foundation for what happened. Basically, the job interviewer will want to see that you own up and acknowledge your mistakes. It is better that your potential employer hears you explain the situation than for them to just read it on paper and make their own assumptions.

❷ Describe Your Actions While in Jail

In addition to acknowledging your mistakes, a potential employer wants to know that you bettered yourself by turning a bad situation into a good one. Prove this to them by describing all of your accomplishments and achievements while incarcerated and/or on probation. This includes any classes or courses, anger management, counseling, community service, reconciliations with friends and family, paid restitution, and anything else that shows you wanted to improve your character and put in the effort to do so.

❸ Explain What You are Doing Now

Last, describe to your potential employer what you are currently up to in life. This will show them that the mistake you made was not an action that defines you as a person. It will show them that your criminal mishap is not something that will repeat itself ever again. Talk about furthering your education, community involvement, counseling or therapy, hobbies, clubs, fitness goals, relationship status, and all other positive actions and activities in your life.

How to Clean Up Your Criminal Record

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

If you still have trouble getting hired, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers. Call David E. Lewis, Attorney at Law at 317-636-7514 and schedule a free initial consultation to discuss your eligibility for criminal record expungement in Indiana. Our services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and apprehensions.