Can I Use the Indiana Supreme Court Law Library to Research My Criminal Case?

Posted on June 14, 2017 by admin

The Indiana Supreme Court Law Library had its start after the year of 1867 when Indiana legislature passed an Act that gave the Supreme Court ownership and access to law books, which originated in the state library.

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Their Mission

The mission of the Indiana Supreme Court Law Library is to provide a means of research for law officials, magistrates, judges, and staff and agencies of the Supreme Court and Court of Appeals. It is also the primary law library in Indiana for various state agencies, as well as, all members of the private bar (lawyers), the Governor’s Office, the state legislature, and the general public.

What They Offer

The Indiana Supreme Court Law Library retains a full inventory of over 70,000 volumes of legal materials, law books, periodicals, case histories, court records, and more. It is also a storehouse for any publications produced under grants from the State Justice Institute. https://www.sji.gov/ It is even a selective storehouse for certain United States Government publications. The contents of the Indiana Supreme Court Law Library is accessible to all magistrates throughout the state.

Contact Information

State House, Room 316
200 W. Washington Street
Indianapolis, IN 46204

PHONE: 317-232-2557
FAX: 317-233-8693

Mon- Fri 8:30am to 4:30pm

Get Help With Your Criminal Case

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

If you are looking for resources to better educate yourself on the criminal charges you are facing, the Supreme Court Law Library is a fantastic place to start. It is in your best interest to speak with a licensed and experienced Indianapolis criminal defense attorney to better understand the language and legal jargon you will come across during your studies. They can clearly define the charges and circumstances you are facing, as well as, build a custom, impactful defense to protect you against the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations, so be sure to schedule yours today.

Can I Use a Recorded Phone Conversation as Evidence in Court?

Posted on June 5, 2017 by admin

Criminal Defense Law Firm 317-636-7514

When someone is accusing you of a crime against them that you are innocent of, it can be frustrating finding ways to prove that they are lying, especially in a court of law. Many people in this situation turn to voice recordings in order to catch the accuser admitting to their lies unknowingly. Although a good plan, it is unfortunately not a lucrative one. There are various federal and state laws regarding the types and limits to evidence admissible in court. Not only are the types of evidence limited, there are also strict regulations on the requirements for authentication.

Admissible Evidence

Although the laws surrounding evidence vary among jurisdictions, the general rule for evidence is that it cannot be used in court if it was obtained illegally. Under the individual penal codes in most states, superstitiously tape recording a phone conversation is illegal, therefore, it would not be admissible in court as evidence. To make it legal, you would have to notify the person that the conversation is being recorded, or receive their permission to record them.

✇ Both Parties Must Consent:

There are 12 states that require both parties to consent to a recorded conversation. These states include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.

✇ One Party Must Consent:

There are a few states in which only one party is required to give consent to a recorded conversation, and this party could be the person who chooses to record. These states include New York, Louisiana, and Texas.

The Above Rules May Be Mute Based on Predicate

Although states may have regulations that make voice recordings admissible in court, they can still be denied as evidence due to a lack of predicate. To record a conversation that can be admissible as evidence in court, you must also establish a foundation for the recorded conversation to ensure that your evidence is reliable.

Rule of Predicate Include:

1) You must show that the voice on the tape actually belongs to the person you say you are recording, rather than a person pretending to be someone else;

2) You must demonstrate that the recording device you used to make the recording is capable of providing accurate recordings.

3) You must prove that the recording is a realistic representation of the conversation that actually took place. Wind and other exterior elements can cause recordings to cut in and out, which is a problem in court.

4) You must prove that the recording was not interfered with or tampered in any way.

Consult with a Licensed Criminal Defense Lawyer

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Before you decide to record a conversation for the sake of having evidence for your criminal case, talk to your trusted criminal defense lawyer first. The rules and regulations for admissible evidence vary greatly among federal and state jurisdictions, so it is helpful to learn more about them from a licensed attorney with decades of experience in criminal law.

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

Information About Indiana Hit and Run Laws and Penalties

Posted on May 17, 2017 by admin

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If you are facing hit and run charges in Indiana, you need qualified and aggressive legal counsel whether you are innocent or not. Hit and run charges can be quite serious, and facing such charges is a scary situation. With an experienced criminal defense lawyer on your side, you can rest assure that your rights will be protected and your freedoms preserved. Continue reading to learn more about hit and run charges, and how they are categorized by Indiana law.

Hit and Run Charges

Anyone who is involved in a car accident and fails to stop can be charged with a hit and run offense in Indiana. In this state, it is mandatory under law to stop at the scene of a car accident if you are involved in any way. Failing to do so will result in a warrant for your arrest. Often times, drivers can be charged with a hit and run offense when they are actually innocent. For instance, license plate numbers get written down or remembered inaccurately, another person was operated the car owner’s vehicle, mistaken identity, and more are all common examples of how people are falsely accused of hit and run offenses.

In other circumstances, offenders who are guilty feel an incredible amount of stress because they are scared of what the future holds for them. If this sounds like you, the best advice you can use is to not wait a second longer to face your criminal charges. The longer you wait, the more challenging it will be to avoid the maximum charges for a hit and run offense in Indiana. Your case will just look worse to the courts as time goes on, making it less likely for them to show leniency when it comes time to hand down your sentence. This is especially true if the people in the other car were injured.

Penalties for Hit and Runs

In Indiana, a hit and run offense can range in severity when it comes to penalties. There are many factors that can influence the level of charge you face for a hit and run, including bodily harm, intoxication, and penalty enhancements like priors, school zones, possession of drugs, and more.

In general, a hit and run charge is a Class A Misdemeanor, which carries up to one year in jail and $5,000 in fines, and additional court orders such as probation, suspended license, community service, drug testing, mandatory employment, and more.

If the hit and run results in bodily harm to the other people involved in the accident, the charge increases to a Level 6 Felony, which is punishable by up to 3 years in prison, $10,000 in fines, and additional court orders like the ones mentioned before.

What To Do if You are Involved in a Car Accident

If you are ever involved in a car accident, always stop and pull over safely to the side of the road. Check to see if anyone is hurt and call 911 if anyone requires medical attention. If it if a minor accident and no one is hurt, proceed to switch contact and insurance information with the other driver. This includes phone number, drivers’ license number, license plate number, insurance information, and more.

Indianapolis Criminal Defense for Hit and Run Charges

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing hit and run charges in Indianapolis, Indiana. We will provide you with aggressive and skilled criminal defense so that your rights are protected and your freedoms are preserved. We offer free initial consultations, so be sure to schedule yours today.

Where Can I Get a Copy of My Criminal Record?

Posted on May 8, 2017 by admin

Criminal Defense Law Firm 317-636-7514

There are a few different reasons why a person may need a physical copy of their personal criminal record. Many volunteer agencies require volunteers to procure and present their criminal history, while parents wishing to adopt a child may also be required to submit their criminal records in paper form. Other times, people simply want their criminal records for the purpose of remembering dates, or preparing answers about their criminal history for an upcoming job interview.

Regardless of why you might need or want a copy of your criminal record, obtaining one is not as clear-cut as you might assume. There is no collective, national database that stores your complete criminal history. So if you want a full report, you will need to know where to look. Continue reading to learn how to obtain a copy of your criminal record.

Local, State, and Federal Records

As mentioned, there is no cumulative database for your criminal records. Depending on the counties and states you have offenses in, you may need to look in multiple places to get a full copy of your criminal records. If you have only one infraction on your record, obtaining a full report is simple so long as you know which level of government your record falls under. Local records, state records, and federal records are all different.

Federal Offenses

Felonies are generally reported to the Federal Bureau of Investigation (FBI). If your conviction was a federal offense, you will need to visit the official FBI website and request a criminal history summary by filling out an application information form. This service is not free, and may cost up to $18 or more depending on current rates. You will need to send in a money order or certified check through the mail, or pay via electronic payment.

State and Local Offenses

For all other criminal offenses, you will need to contact the state or local authorities where your crime took place. The avenue in which to do this varies from place to place, so start by calling the Department of Justice or state law enforcement department. From there, they can get you in touch with the proper resources for obtaining a copy of your criminal records. The process of obtaining your state and local criminal records vary as well. However, you can expect to be asked to present payment, identification, documentation, and more. It generally takes between 2 and 4 weeks to get results in the mail.

Indianapolis Criminal Defense

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 prey to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms. Call 317-636-7514 today.

Which U.S. Amendments Protect Criminals’ Rights?

Posted on May 2, 2017 by admin

Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights’ of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. Whether a person is being tried at a federal or state level, the courts will be asked if prosecuting the defendant violates any of these constitutional laws. Continue reading to learn which 5 amendments in the United States Constitution have to do with criminal matters, and how they continue to protect criminals’ rights.

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⚖ The 4th Amendment

The 4th Amendment prevents the government and law enforcement from implementing unlawful searches and seizures. It mandates that these parties properly request and receive a warrant in order to legally search a suspected criminal’s premises and property, as well as, to seize any personal properties that may serve as evidence. It also states that warrants can only be issued upon probable cause. The only exception to the 4th Amendment rules is under exigent circumstances, which means emergency action must be taken. This applies to kidnapping situations, terrorist threats, and similar emergency circumstances in which law enforcement cannot afford to wait for paperwork to process because lives are in danger. Also, if a person gives law enforcement consent to a search or seizure, a warrant is not needed for them to do so legally.

⚖ The 5th Amendment

This amendment involves double jeopardy, self-incrimination, and more. Under the 5th Amendment, a person cannot be tried twice for the same crime, nor can they be forced to testify against themselves. Lastly, it protects defendants against be deprived of life, liberty, or property prior to due process of the law.

⚖ The 6th Amendment

The 6th Amendment provides important rights for criminals. These are familiar to many people since the Miranda Rights are a well-known part of arrests. They include the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the law and the penalties for violating such law, the right to confront witnesses against you, the right to require witnesses in your favor to testify on your behalf, and of course, the right to an attorney.

⚖ The 8th Amendment

The 8th Amendment covers justice following an arrest. It protects criminals from excessive bail amounts, excessive fines, and cruel and disproportionate punishments.

⚖ The 14th Amendment

The 14th Amendment is special because it prevents states from enacting or enforcing laws that violate the freedoms, liberties, and protections of all U.S. citizens. And just like the 5th Amendment, it protects citizens from dispossession of life, liberty, or property without due process of the law.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to fight for your rights after being charged with a crime in Indianapolis, Indiana. He is a seasoned Indianapolis criminal defense attorney who provides aggressive representation for all clients, regardless of the crime. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, at 317-636-7514, and scheduling a free initial consultation, today.

What to Do if Immigration Police Show Up at Your Door

Posted on March 7, 2017 by admin

With the new threats of deportation looming in every neighborhood across the country, it is important for non-citizens to learn their rights. Especially in the case of immigration police showing up unexpectedly at their door. If you are a non-citizen or foreign national who has been living and working in the United States for a long period of time, you do have rights. And you should know these rights before placing yourself in a sticky legal situation. If immigration police, or ICE, shows up at your door, learn what you should to in order to protect yourself and your freedoms.

The United States Immigration and Customs Enforcement Office (ICE)

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The United States Immigration and Customs Enforcement Office, also known as ICE, are responsible for upholding homeland security and public safety by enforcing certain federal laws concerning border control, trade, customs, and immigration. If you are a non-citizen, and ICE shows up at your front door, here’s what to do to protect your rights:

DO NOT OPEN THE DOOR. You do have rights, and one of them may be your right to refuse entry to ICE officers. But it depends.

ASK IF THEY HAVE A WARRANT SIGNED BY A JUDGE. Be sure to do this with the door still closed. If the ICE officers insist they have a warrant signed by a judge, ASK TO SEE IT. They can slip it under the door, through a mail slot, or press it against the peep hole.

Here’s what you need to know about an ICE Administrative Warrant:
Forms 1-200 and 1-205 DO NOT allow ICE officers to enter your home without your permission. If you do not consent, they cannot come inside.

With Or Without A Warrant:

DO NOT RESIST. If the ICE officers have a valid warrant signed by a judge, you need to comply with their demands. Simply remain silent and cooperate. Contact a lawyer from jail as soon as you are given phone privileges.

If the ICE officers use force to enter, with or without a warrant, DO NOT RESIST. Remain calm and instruct everyone inside the home to remain absolutely silent. The more combative you are, the more trouble you will experience.

If You Are Arrested:

Remain calm and do not say one word. Do not sign anything or say anything until you have spoken to your lawyer. Call them as soon as you are given phone privileges at jail. Choose an experienced criminal defense attorney to help preserve your rights, your freedoms, and perhaps your citizenship.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations and work around the clock to ensure your rights are protected. Call 317-636-7514 to schedule a consultation with an Indianapolis criminal defense lawyer you can trust.

What is Going to Happen at My Pre-Trial?

Posted on February 21, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

If you were arrested and charged with a crime in Indiana, you have the option of taking your case to trial, rather than enter into a plea deal. Nearly all cases never go to trial, but if you are adamant about your innocence, you can opt for a trial by jury, or a bench trial. Bench trials, however, are only granted if all three parties (the judge, the prosecutor, and the defense) agree to a bench trial. In a bench trial, the judge is the sole decision making and decides on the final verdict. At a jury trial, the jury decides the verdict and the judge decides the sentence. But the sentence is not handed down at the pre-trial.

If you are preparing to go to trial to fight the criminal charges against you, it is important to know what to expect. Discuss your trial expectations and concerns with your criminal defense lawyer for a better understanding of the criminal process. In the meantime, continue reading for a brief explanation of what happens at a criminal trial in Indiana.

Trial By Jury

The judge decides which facts and evidences are allowed to be presented at trial. Both your attorney and the prosecuting attorney will take turns making certain objections until the judge makes a final decision. Then a jury is selected and instructed by the judge. From there, your pre-trial will commence with the prosecution’s opening statements.

After the prosecution’s opening statements, the prosecuting attorney will present all evidence against you. It is the burden of the prosecution to prove that you are guilty beyond a reasonable doubt. When the prosecuting attorney is finished presenting their evidence, they will begin to call witnesses to the stand for testimony. During this time, the defense will be given an opportunity to cross-examine them one at a time, questioning the honesty, validity, and accuracy of each witness’ testimony.

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When the state rests, the defense will take their turn to give their opening statements and present their case. Once the defense has given their case summary and presented their evidence, they will begin to call their witnesses to the stand, during which the prosecution will also have a chance to cross-examine each one.

When cross-examinations are through, both parties rebuttal the evidence presented. When this portion of trial comes to a rest, closing arguments are made. The state will go first and last, with the defense closing arguments in between.

After closing arguments, the judge will instruct the jury once more, and then ask them to begin deliberations. Jury deliberations can last anywhere from a few minutes to a few hours or more. Some juries have deliberated for weeks and months at a time; it just depends on how long it takes for them to come to a unanimous agreement. But in most cases, it takes less than a few hours.

When the jury does come to an agreement, they will reenter the courtroom and the judge will ask them to read their verdict. Then they will deliver a “guilty” or “not guilty” verdict. If you are found guilty, the judge will schedule a sentencing trial, usually within 20 to 30 days. During this trial, you will be handed down a sentence for your conviction. If you are found not guilty, you are simply free to go home and will not have to appear at any more trials or hearings.

Keep in mind that all cases vary depending on their individual circumstances, and the process could differ among defendants. It is important to learn what to expect at your trial from your Indianapolis defense lawyer. They can apply your unique case details and circumstances to the trial process, and explain what will happen in a language you can understand.

Indianapolis Criminal Defense

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. Our team works around the clock to ensure your rights are protected and your freedoms are preserved. Call 317-636-7514 to schedule a meeting with an experienced criminal defense lawyer in Indianapolis, Indiana.

Common Internet Crimes and Penalties

Posted on February 9, 2017 by admin

Indiana Cyber Crime Attorney 317-636-7514

Internet crime, also known as cybercrime or computer crime, is an increasing threat across America. Cybercrimes are criminal offenses conducted using modern telecommunication networks, namely the internet and mobile phones. They are classified as offenses committed directly or indirectly against a person or group of people with a criminal motive to purposefully cause the victim harm or loss. This includes physical harm, mental harm, and harm to one’s reputation, as well as, losses such as money, assets, companionship, employment, security, and more. They are serious crimes that come with serious penalties.

Continue reading to learn some common types of internet crimes and the penalties offenders can face for committing them.

Cybercrime

There are various types of cybercrimes, and even more ways to commit them. And we’re not talking about illegally downloading movies and music; although these are common internet infractions as well, they tend to render little to no consequences except personal ethical remorse. We are discussing the more serious types of internet crimes; the ones that come with serious penalties here in Indiana. The most common types of cybercrimes that occur in the Hoosier state include but are not limited to:

Fraud ➟ Fraud on the internet can come in many forms. A common example is obtaining money or property under false pretenses or promises. For instance, selling false or non-existent merchandise online, and failing to deliver.

Identity Theft ➟ Identity theft is one of the most frustrating and devastating crimes for victims. A common example of identity theft is when a person uses another person’s personal information to open and utilize bank accounts and credit lines. Other identity thieves steal individual’s bank account numbers, credit and debit card numbers, social security numbers, and more. They either sell this information or they use it themselves for financial gain. It can ruin a person’s reputation and credit score for life.

Hacking ➟ Accessing a person’s personal information for the purpose of malicious destruction or commercial advantage via the internet is a form of hacking, but the versions you see in the movies and on television are quite accurate as well. There are many forms of hacking (business accounts, social media profiles, email, corporate files, government databases, websites, etc.), but fundamentally, hackers illegally access information online using illegal methods.

Stalking ➟ Internet stalking is a crime. It can come in the form of harassment, pestering, bullying, threats, slander, libel, and more. It is most common among youths.

Extortion/Blackmail ➟ There are also many forms of extortion, but in terms of cybercrime, it can occur when a person blackmails another person via a modern telecommunications network. For instance, a person could threaten to release embarrassing photos or information about another person unless they give them money, assets, promotions, or something else of value.

Sports Betting ➟ Online sports betting and wagering is a federal crime. There are laws surrounding non-sports online betting and internet gambling that vary state to state, but wagering on sports on the internet is illegal.

The Indiana Cyber Crime Unit

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In May of 1998, Indiana formed the Cyber Crime Unit to provide law enforcement assistance in internet criminal investigations. Within this specialized unit are 6 sergeants who conduct forensic retrieval of digital evidence, and over 28 trained digital media specialists. They are trained to be on the constant look-out for internet criminal activity. This makes it extremely difficult (if not virtually impossible) for anyone to get away with cybercrime in Indiana. If you are caught committing a cybercrime, you can expect to face some stern charges and penalties.

Penalties for Cybercrime

The penalties for cybercrime vary, and they depend on several factors, including the severity of the crime, the offender’s criminal history, local ordinances, age of offender, and more. In Indiana, cybercrime can earn an offender anywhere from 6 months to 20 years in prison, and up to $10,000 in fines. This does not include court fees, attorney fees, filing fees, and more. It is important to retain the services of an experienced Indianapolis criminal defense attorney to protect your rights as a suspected offender and to protect your freedoms.

Indianapolis Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 if you are facing charges for cybercrime in Indiana. Our law firm works around the clock to ensure your rights are protected. Attorney David E. Lewis has extensive trial and litigation experience and is the aggressive criminal defense lawyer you need in your corner when facing serious criminal charges in Indiana. Call 317-636-7514 to set up a free initial consultation to discuss your criminal case and determine the best strategy for your defense.

What To Do After Receiving a Subpoena

Posted on February 1, 2017 by admin

Indianapolis Criminal Defense Attorney 317-636-7514

A subpoena is a court-issued legal document that is typically received via postal mail. There are two types of subpoenas, both of which requires a recipient to provide evidence or information in court. The first type of subpoena requires a recipient to provide an oral testimony in court. The second requires a recipient to provide records and information to the court, such as documents, video recordings, audio recordings, and other forms of evidence.

Most of the time, subpoenas are issued for civil cases, such as car accidents, personal injuries, child custody, and divorces; however, it is not uncommon for subpoenas to be issued for criminal matters as well.

Were You Subpoenaed?

Now that you know what a subpoena is, you can learn how to manage yours. Do not be in fear of legal penalties when subpoenaed by the court. You will only face legal ramifications if you ignore the subpoena. Otherwise, a subpoena is simply a tool used by the justice system to gather evidence on both sides, prosecution and defense. If you received a subpoena, it is because the courts have credible suspicion that you have information relative to the case at hand.

For example, if you are a witness to a car wreck, you may be subpoenaed by the courts to provide your testimony so that the courts can establish fault. In another example, the courts may ask a husband to provide employment and payment records for the purpose of establishing an alimony agreement.

If you were subpoenaed, here’s what to do:

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The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer, or have worked with a trusted one in the past, contact them and inform them of the subpoena. Most often, attorneys will handle the details and requirements of subpoenas, and will inform clients of when and where to be if they need to provide testimonies in person.

If you wish to represent yourself, you must first contact the number on the subpoena, and inform the clerk that you are willing to cooperate. Then you can simply fill in the details of the subpoena, and send it in to the address provided. If you have to testify in person, simply record the date, time, and location of the court hearing so that you are in accordance with your legal obligation.

If you need to deliver a subpoena…

Sometimes, you, as a party, need to deliver a subpoena. Generally, you would hire a process server to deliver a subpoena to a recipient. Neither you, your lawyer, nor anyone directly connected to the case cannot deliver a subpoena. And keep in mind, if a subpoena is not properly delivered, it cannot be enforced. Process servers are good at finding people that are difficult to locate.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn more about subpoenas in Indianapolis, Indiana. If you are involved in a criminal matter that requires your testimony, speaking with a seasoned Indianapolis criminal defense attorney can clear up any confusion or anxiety you have about the case and the information you retain. Protect your rights when involved in a subpoena request. Call 317-636-7514 to get started today.

Can a Cop Be Fired for Excessive Use of a Taser?

Posted on January 9, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

Police officers are an incredible and significant line of defense for our cities and surrounding communities. But sometimes, just as any person in any vocation, cops can make poor choices that result in serious penalties. For instance, using their registered weapons inappropriately. While on-duty, cops are faced with the difficult decision to use their weapons for defense and public safety, including flashlights, nightsticks, Tasers, and of course, firearms.

And how the officer chooses to use their weapons greatly depends on the actions of the suspect or suspects. However, there have been cases where an officer is accused of using their weapons in excess, resulting in unreasonable injury to a person. In these kinds of cases, the question of reasonability commonly arises, as well as, the whether or not the officer should receive a penalty for their actions. One such question arose in the small town of Peru, Indiana, involving a cop, a taser, and an elderly nursing home patient. Continue reading to learn what happened.

PERU CITY POLICE DEPARTMENT and City of Peru v. Gregory MARTIN

No. 52A02–1304–PL–350. Decided: September 03, 2013

In 2012, a Peru City police officer by the name of Gregory Martin was dispatched to Miller’s Merry Manor after a call to 911 was made by a nurse named Adam Chambers. Chambers made the call to request assistance transporting a combative patient to the hospital. The patient was James Howard, a 64 year old Alzheimer’s patient. Upon arrival, Officer Martin was joined by Officer Jeremy Brindle, and they were then escorted to the locked Alzheimer’s ward section of the facility.

Indianapolis Criminal Defense Attorney 317-636-7514

After asking staff to stay back and not intervene, the officers entered Mr. Howard’s room and found him sitting in a chair unclothed, and staring straight ahead. As the officers moved in closer, they ordered Mr. Howard to get on the gurney, but he did not obey the order. Instead, Mr. Howard began “shuffling” toward Officer Brindle with his fists clenched at his sides. Officer Brindle was cornered in a T-section hallway as he tried to grab Mr. Howard’s wrists and handcuff him. Unable to do so, Officer Martin then yelled, “Taser!” and deployed his onto Mr. Howard’s torso. Mr. Howard fell on the floor and laid on his back. He would still not comply with the officer’s commands, and turned over on his belly so he could not be handcuffed. As a result, Officer Martin ended up using the Taser on Mr. Howard 5 times, equaling a deployment of 31 seconds total.

After being admitted to the hospital, Mr. Howard’s injuries were documented, including a black eye, bruising, skin abrasions, and marks on his side. His wife was not pleased with the treatment he received by the officers on call. And for this, she filed a complaint with the Peru City Police Department for excessive use of a taser. An internal investigation followed, putting Officer Martin on administrative leave. The Peru City Police Chief, Chief Hoover, recommended Officer Martin’s termination after deciding he used excessive force with the Alzheimer’s patient. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover, so Officer Martin was discharged and sought review in the trial court.

After reviewing Officer Martin’s Taser training that specifically teaches that Taser exposure for over 15 seconds, whether due to multiple applications or a continuous one, increases the risk of death or serious injury. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.” He was fired.

Learn the Facts First

Criminal Defense Lawyer 317-636-7514

When it comes to brushes with law enforcement, every situation is unique and requires a detailed look at the individual merits involved. For this reason, it is best to discuss your questions, concerns, and criminal charges with an experienced criminal defense attorney who can provide specific information regarding your individual circumstances. Contact David E. Lewis, Attorney at Law, at 317-636-7514 for experienced Indianapolis criminal defense you can trust.