FAQS About The Indiana Criminal Justice Process

Posted on March 20, 2018 by admin

Below you will find some of the most frequently asked questions about the Indiana criminal justice process. Review the answers for help understanding the state and federal laws regarding adjudication and legal procedure. If you are facing criminal charges, it is important for you to know this information.

Talk to your trusted Indianapolis criminal defense lawyer about your particular questions and concerns about your upcoming trial or hearing. They can give you the legal, professional support you need to get through this tough period. In the meantime, start with these FAQ’s about the Indiana criminal justice process.

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What is Involved in the Criminal Justice System Process?

There are numerous steps that take place when processing a criminal case. However, the basic steps go in this order: Investigation, arrest, prosecution, indictment, arraignment, pretrial detention, plea bargaining, trial, sentencing, appeals, and penalties.

What Steps are Part of a Criminal Court Case?

The process of criminal prosecution progresses in a sequence of stages. Most start with an arrest, and end with a defendant accepting a plea bargain. Other times, the process ends at during or after a trial. The basic steps, however, generally include arrest, bail, arraignment, preliminary hearing (or grand jury proceedings), pretrial motions, trial, sentencing, and appeal.

What Can I Expect at My Preliminary Court Hearing?

Preliminary hearings, also known as probable cause hearings, are the first fundamental hearing in the criminal justice process. At a preliminary hearing, a defendant can expect a very brief court appearance. It is basically a “trial before a trial” in that it is used to determine whether or not charges should be dismissed, or if there is enough evidence to make a defendant stand trial.

Do I Need a Lawyer For My Criminal Charges?

Regardless of how minor or major your criminal charges are, you do need a licensed attorney who can build an impactful defense. They are there to help you avoid the maximum penalties for your criminal charges. They are your only hope of protecting your rights and preserving your freedom. It is very reckless and irresponsible to represent yourself when facing criminal charges. Answering to unpaid parking tickets is not like facing shoplifting charges. You could go to jail if you do not interpret the law properly. A criminal defense lawyer can protect your from making such mistakes.

Indianapolis Criminal Defense You Can Count On!

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

Need-to-Know Courtroom Terms and Definitions

Posted on March 12, 2018 by admin

If you are facing a court trial for criminal charges, it is helpful to know some common terms and definitions that will likely be used to adjudicate your case. This knowledge will allow you to comprehend the proceedings of the trial and better understand the circumstances of your sentencing and subsequent penalties.

Continue reading to get started right now!

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Indianapolis Criminal Defense Law Firm 317-636-7514

Arraignment

– This is the trial in which a judge informs a defendant of their criminal charges.

Pre-Trial

– Any type of official proceedings that take place before a criminal trial.

Trial De Novo

– A new or sequential trial.

Failure to Appear

– The action of a defendant missing a scheduled, court-ordered, mandatory hearing. Also known as an “FTA.”

Dismissal

– A case, action, suit, or motion that is dismissed by the court without a trial.

Prosecutor

– The state or government attorneys who review criminal cases for filing. This includes District attorneys, state prosecutors, and Attorney Generals.

Defendant

– An individual being charged or prosecuted for a crime they are suspected of committing.

Judge/Magistrate

– A public official who is legal authorized to decides cases in a court of law.

Bailiff

– The person who maintains order, safety, and security in the court room. This includes Deputy Marshals, Deputy Sheriffs, and Correctional Officers.

Bench

– The built-in desk and seating area at the head of the court room. This is where the judge sits and people testify.

Charges

– Unproven violations of the law that must be answered to by the accused in a criminal case.

Case

– A situation of dispute contested in a court of law.

Discovery

– The process in which a defendant is given the right to review all alleged charges and evidences that the prosecution has (and may use) against them.

Conviction

– A final judgement regarding a criminal case.

Motion

– A request for a particular order or ruling by the judge.

Motion Granted

– A judge allows for a requested motion.

Denial of Motion

– A judge refuses to allow a requested motion.

Order

– A court ruling over a lawyer’s motion or request.

Objection

– The act of opposing or contesting a piece of evidence presented by the opposing party.

Overrule

– A judge’s refusal to gratify an objection by counsel in regards to evidence.

Sustaining

– A judge’s approval to uphold an objection by counsel in regards to evidence.

Plea

– A formal statement given by a defendant in regards to their criminal charges that discloses their guilt or innocence.

Not Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that asserts innocence.

Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that admits guilt.

Nolo Contendere (No Contest)

– A “no contest” plea, which automatically renders the defendant as guilty. This plea cannot be recanted in future civil matters unless allowable by law.

Evidence

– Any real thing presented to the court as proof to support a fact. This includes items, witness testimonies, social media activity, recordings, photographs, and more.

Probable Cause

– Specific and connected facts that would cause a practical, reasonably-thinking person to believe a crime has been committed, and that it was committed by the accused defendant.

Admissible

– Evidence that is pertinent to the criminal charges against the defendant, and allowable in a court of law.

Hearsay

– An alleged statement made outside of the courtroom and presented as proof to refute a particular matter being affirmed in court.

Jury

– A group of men and women who have been appointed by trial attorneys to assess evidence and decide questions of fact. This group usually consists of 12 people, 18 years of age or older.

Hung Jury

– A jury that cannot come to a unanimous agreement of guilty or innocent after an extended period of deliberation.

Judgement

– The court’s official decision regarding the rights and claims of the involved parties in a criminal case.

Sentence

– The formal decision or finding made by the court in regards to a defendant after they have been convicted of a crime (or crimes).

Verdict

– The formal decision made by the jury.

Are You Facing Criminal Charges in Indiana?

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

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.

Who Creates the Law?

Posted on February 6, 2018 by admin

When it comes to law creation, it all starts with the United States Congress. They create and pass “bills”, which the President of the Unites States must sign to make it into law. However, not all bills signed into law are created equal. The federal court system can challenge these bills, and even have laws overturned, if they deem them unconstitutional. This has happened several times in our country’s history, most recently, in California regarding same-sex marriages.

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State Law

As for state law, a similar process ensues, but it ensues on a state level, versus a federal one. Rather than congress, it is the state legislatures that create and pass on bills, which may or may not turn into state law. And rather than the U.S. President signing off on them, it is the state Governor instead. Similarly, however, state courts have the jurisdiction to review such bills and laws, and even have them overturned if they challenge or contradict the U.S. Constitution.

Judicial Hierarchy

When it comes to pecking order, judicial hierarchy starts with the federal court system, which includes district courts, circuit courts, and the Supreme Court. There are 94 district courts within the federal court system. These are trial courts that handle both civil and criminal cases. The federal court system also includes 12 court of appeals, also known as circuit and appellate courts. Appellate courts are in place to review the rulings of trial courts, which means they actually have more judicial influence than district courts.

The Supreme Court is the federal court that has ultimate power over all rulings within the United States judicial system. As the only court that was established by the Constitution, it has the power to judge whether federal, state, and local governments are acting within law, and can even decide if the President’s actions are constitutional or not. Mostly, the Supreme Court generally handles cases of National importance.

When They Conflict

There are several examples in which state and federal law conflict with one another, like in the case of medicinal and recreational marijuana usage, same-sex marriage, and even seat belt laws. Here are some possible scenarios:

❖ If state law provides a defendant with more privileges than federal law, state law will legally presume in that state. For example, if a person lives in a state in which medical marijuana is legal on a state level, but illegal on a federal level, the state law will prevail because it gives citizens more civil rights.

❖ In contrast, if state law allows for something that the federal law explicitly prohibits, such as possession of marijuana, the federal law will prevail in court cases.

❖ Also, if a state enforces more accountability on its residents than the federal law does, the state law will presume. This is common in regards to state and federal seat belt laws.

An Indianapolis Criminal Defense Attorney You Can Trust

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your criminal charges 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! Call 317-636-7514 to get started, today.

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana

Posted on February 1, 2018 by admin

If you were recently arrested on felony or misdemeanor charges, it would be wise to review some of the possible penalties you will face in court if found guilty. The most common court-ordered penalties include probation, ignition interlock devices, electric monitoring, home detention, community service, legal fines, and more. Violating any court-ordered terms and conditions can result in a separate set of criminal charges, including actual jail time. Continue reading to learn about some common court-ordered penalties, and which steps to take next if you are facing criminal charges.

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Probation

For anyone facing a misdemeanor charge, it is common to be sentenced to probation in lieu of serving jail time. Probation is a “probationary period” in which defendants must comply with all laws and court-ordered rules, while also completing all court-ordered tasks before their probation period is up. This period can last anywhere from 6 months to 2 years, depending on the type of convictions. It can also involve routine visitation to a probation headquarters to meet with a court-assigned probation officer. A probation officer’s job is to supervise an individual’s behavior, activity, and progress. Violation of any probationary terms, such as skipping a scheduled probation meeting or coming up positive on a drug test, can put a person back in front of another judge for additional sentencing.

Ignition Interlock Device (IID)

A common outcome for a convicted individual is an ignition interlock device (IID), which is much like a built-in breathalyzer inside a car. This device is generally reserved for habitual offenders, and installed in a person’s primary vehicle for the purpose of preventing them from driving drunk. An ignition interlock device is near the size of a mobile phone and usually installed in a car’s engine. It locks the ignition and prevents the vehicle from starting up until the driver breathes into the device, and renders a BAC level that is lower than 0.04 percent. If the offender has a BAC higher than that, the car engine will not start up. If the device reads a test that is over 0.04%, it records it and prints it out to local authorities. It is often treated as a violation, which can result in more penalties.

House Arrest

In place of jail time or imprisonment, a judge may order an offender to home detention, also known as house arrest. Those sentenced to home detention are not permitted to leave their premises under any circumstances, other than for work, rehabilitation treatment, drug/alcohol classes, court-ordered services, doctor visits, and other pre-approved activities. In fact, they are usually mandated to wear an electronic monitoring bracelet, also called an ankle monitor, which uses GPS to monitor where an individual is located. Overall, the main purpose of house arrest is to prevent a convicted individual who is under state supervision from committing more crimes or being involved in more illegal activity.

Additional Possibilities May Include:

☑ Random Drug Testing
☑ Victim Impact Panels
☑ Alcohol / Drug Education
☑ Substance Abuse Rehabilitation
☑ And More

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

What is a Notice to Appear?

Posted on January 8, 2018 by admin

It is normal to feel frightened and confused after being delivered an NTA document by mail. You may not understand the criminal charges you face, or even recall being involved in any activity that could have rendered you a possible suspect or witness to a crime. This can cause you to experience heighten emotions, leaving you fearful for your future and your freedom. Fortunately, the right knowledge and a seasoned criminal defense attorney are all your need to protect yourself from undue process. Continue reading to learn more about Notice to Appear documents, requirements, procedures, and more. This will help you get on the right track toward putting your legal troubles behind you.

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What is a Notice to Appear?

A “Notice to Appear” is an official government document. They are primarily used by state-level court systems to lessen the need for arrests, and stream line the attendance process for individuals suspected of committing lesser crimes. Not everyone qualifies for NTA status, and instead, will be issued an actual arrest warrant. Those who receive NTA’s are people who have been identified as low-risk and likely to appear. For example, the basic conditions for NTA eligibility include:

☛ No Risk in Summoning Defendant to Appear
☛ Defendant is Considered Likely to Appear
☛ Defendant Has Not Failed to Respond to Previous Court Notice
☛ Defendant is Facing Misdemeanor Charges or Infractions

\Normally 1 to 3 pages in length, these official papers formally request a individual’s attendance in court for a suspected crime. They are generally reserved for misdemeanor crimes, such as traffic offenses, shoplifting, and possession of drug paraphernalia. Essentially, they demand that a person appear in front of a judge within 10 days of their notice to answer to the criminal charges against them. If a person fails to appear, they will face additional legal penalties, and quite possible, criminal charges.

NTA Information

NTA documents will generally contain vital information pertinent to an individual’s case, including the allegations against them, as well as, the time, date, and location of their scheduled court appearance. Missed court dates, or FTA’s (failure to appears), are serious violations as well, and will be penalized as separate offenses; so it is critical to understand all the information in a Notice to Appear document, and properly prepare yourself for the appearance. Anyone who is issued a Notice to Appear must immediately retain legal counsel since they will soon be in court facing criminal charges.

Your Next Steps After Receiving an NTA

If you have received a Notice to Appear in Indiana, you could be facing a long list of penalties, including jail time, suspended driver’s license, hefty fines, loss of employment, sex offender registry, and much more. So now is the perfect time to call a licensed Indianapolis criminal defense attorney who will protect your rights and preserve your freedoms. It is important to prepare your defense as soon as possible since prosecution has already starting building their case against you.

Indianapolis Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. 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. Call 317-636-7514 to get started, today.

What is the Criminal Bail Bond Process in Indiana?

Posted on December 26, 2017 by admin

There are procedures and routines that take place when you are bailing someone, or yourself, out of jail. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Indianapolis Criminal Defense 317-636-7514

Following the Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

After Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them. It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birthdates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract. They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

Are You Facing Criminal Charges?

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

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.

What to Expect From the Indiana Criminal Bail Bond Process

Posted on December 7, 2017 by admin

When you need to bail a person out of jail, there are several different processes and procedures that must take place, and these steps will vary depending on the type of criminal charges and more. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Criminal Defense Law Firm 317-636-7514

Post Arrest

Bail is Set

It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

An Indianapolis Criminal Defense Attorney You Can Trust

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your criminal charges 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! Call 317-636-7514 to get started, today.

Do I Withdraw My Plea or File an Appeal?

Posted on November 21, 2017 by admin

After receiving a guilty conviction, the process of protesting it varies depending on various factors. For instance, if you do not go to trial, but plead guilty or no contest, you cannot appeal your guilty conviction. Instead, you would have to motion for a plea withdraw. In contrast, if you do go to trial and a jury finds you guilty, you can appeal the conviction. Continue reading to learn more about withdrawing a plea and filing an appeal, and the differences between them both.

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Filing an Appeal

To file an appeal, you must have been found guilty by a judge or jury at trial. Filing an appeal is basically asking for a new trial. Defendants would need to hire a specialized criminal defense attorney known as an appellate lawyer. An appellate law firm practice focuses primarily on appealing convictions.

Withdrawing a Plea

To protest and turn over a guilty conviction that resulted out of a plea agreement, you would not file an appeal. Instead, you would have your criminal defense lawyer file a motion to withdraw your plea. This is an entirely separate process than the appellate court system.

Writ of Habeas Corpus

A writ of habeas corpus is a limited indirect appeal that allows you to protest your conviction without technically withdrawing your plea. Filing a writ of habeas corpus is only permitted in some states, and can only be pursed under very specific circumstances. Usually, this results when important information is withheld that, had you known at the time, would have influenced your original plea. This process is actually very similar to the appeals process.

Keep in mind that filing any appeal or motion does not guarantee that your conviction will be overturned, or that you will be cleared or acquitted of your charges. It is important to have a skilled and experienced Indianapolis criminal defense lawyer on your side, working your case and fighting for your rights.

Indianapolis Criminal Defense Lawyer

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

How Does the U.S. Constitution Protect Our Basic Rights in the Criminal Justice Process?

Posted on November 13, 2017 by admin

Criminal Defense Law Firm 317-636-7514

Every citizen of the United States enters the criminal justice system following an arrest. What is the criminal justice process exactly? It is all the procedures and obligations that take place from the time a person is suspected of committing a crime, through the time of their prosecution, and all the way to the completion of their case. Generally, it involves arrests, indictments, and a series of hearings, including preliminary hearings, arraignments, trials, and appeals. It can also extend past sentencing and appeals in the form of probation, jail time, and parole.

The U.S. Constitution and Due Process

The U.S. Constitution provides certain protections that cannot be broken, regardless if under persecution of law. The first 10 amendments in the U.S. Constitution are called the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, the 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity.

Fourteenth Amendment (1868)
“(…) nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Additional Amendments to Be Grateful For

The 4th Amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as, decrees the limitations and requirements for search warrants.

Fourth Amendment (1791)
“(…) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause (…)”

The 5th Amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as, prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves. It protects much more too.

Fifth Amendment (1791)
“(…) nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

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

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime.

Eighth Amendment (1791)
“(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

If You Are Facing Criminal Charges…

It is only natural that you are concerned about your rights, your freedom, and your future. You may be asking yourself what to expect, but rest assure that you will have the protection of your U.S. Constitutional rights during the entirety of the criminal justice process. But you can’t just rely on your Constitutional rights to protect your from being sentenced to the maximum penalties for your criminal charges. This is why it is vital to retain a trusted and experienced Indianapolis criminal defense lawyer to protect your rights and your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. 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. Call 317-636-7514 to get started, today.

Can I Request a New Public Defender?

Posted on November 6, 2017 by admin

Criminal Defense Law Firm 317-636-7514

Facing criminal charges is scary, so it is understandable that you would want somebody working hard to protect your rights and your freedoms. When it comes to public defense, you may not be able to get the one-on-one, full-time attention you would normally get from a private criminal defense lawyer, but at least you are getting some sort of legal representation. Sometimes, using a public defender is not always a bad idea. For smaller cases that are considered petty or minor offenses, public defense may be all you need to avoid the maximum penalties for your criminal charges.

Regardless of the severity of criminal charges against you, if you were appointed a public defender that you are not comfortable with, you may have the option to request a new one. Continue reading to learn the general grounds for changing public defenders before your trial.

Swapping Public Defenders

If your public defender is difficult to work with, and you believe their professional behavior will have a negative effect on the outcome of your case, you are likely wishing you could have a new one. Unfortunately, swapping public defenders is not something that is regularly granted by the courts. A defendant must have sufficient cause and evidence to be appointed a new counselor. Here are some examples of what might be considered sufficient grounds to request a new public defender:

Your public defender is…

☛ frequently late or missing appointments;
☛ failing to meet deadlines for documents and paperwork;
☛ failing to inform you of your case status or court dates;
☛ trying to force you to enter a plea you do not want;
☛ ignoring or not using important case evidence;

How to Do it

If you insist on moving forward with changing your public defender, you need to start by taking detailed notes in a journal of your experiences with the attorney, and try to gather evidence, including things like pictures, mail, documents, and screen shots of texted conversations to prove their inadequacies.

Next, you need to contact the public defenders’ office and get the information you need from the office representative. You will have some paperwork to file to make a formal request. In some states, defendants are required to write the judge a letter requesting a new public defender and why. The public defenders’ office will let you know what you need to do in your state.

If you drop your public defender without asking a judge to appoint you a new one, you may not be able to get another one at all. In this case, you would have to represent yourself and risking being sentenced to the maximum penalties for your charges, or you could hire a private Indianapolis criminal defense attorney, instead.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense.