Have You Been Charged With Felony Drunk Driving in Indiana?

Posted on September 6, 2022 by admin

Felony drunk driving or intoxicated driving charges are very serious in Indiana. Be sure you have the aggressive and reputable legal representation you need in order to protect your rights and preserve your freedoms. Continue below to learn how to get the best possible outcome after being charged with a felony DUI in Indianapolis and its surrounding counties.

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Drunk Driving Felonies are Serious in Indiana

Second and third DUI offenses, or multiple DUI offenses are classified as various Levels of Felonies in Indiana. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 1 and 2 felony crimes are the most serious levels, excluding murder. Each level of felony is assigned a separate statute regarding penalization.

You Can Face Felony DUI Charges If:

■ You Have a Prior DUI Conviction/s within the Past 5 to 10 Years
■ You Have Two Prior DUI Convictions
■ You Have Three Prior DUI Convictions
■ You Receive a Fourth DUI Charge
■ DUI Involving Manslaughter
■ DUI Involving Child Endangerment
■ Fleeing from the Scene of the Crime
■ DUI Involving Severe Property Damages
■ DUI Involving Bodily Harm to Another Person

How to Get Ahead of Felony Drunk Driving Charges in Indiana

People make mistakes, and just one extra glass of Cabernet can put a person over the set 0.08 BAC state alcohol limit. More significantly, a drunk driving charge is always serious, but pair a DUI with additional aggravated offenses or prior convictions, and you have a DUI felony on your hands. These types of DUI charges can be very difficult on you and your family and create a troubling ripple effect on your life and future.

Not only do you face jail time, but you can also lose your driving privileges, child custody, student aid benefits, employment, job promotions, and more. It is critical to have the guidance and knowledge of a skilled Indiana DUI criminal defense lawyer on your team to prevent your constitutional rights from being violated. DUIs exclude no one, but a tough drunk driving lawyer can exclude you from jail time and other harsh drunk driving penalties if you choose the right one.

Hire an Aggressive and Experienced DUI Lawyer in Indianapolis

Here at the Law Office of David E. Lewis, we offer free initial consultations, so there are never any out-of-pocket fees to discuss the best strategies for your criminal defense. As a longtime professional in the industry, Attorney David E. Lewis has what it takes to build a strong and impactful defense on your behalf. He never uses confusing legal jargon, which ensures that you fully understand everything you need to know. David E. Lewis Attorney at Law will instantly begin building a strong and aggressive defense on your behalf in order to preserve your freedoms and obtain the best possible outcome in court.

Are you ready to get started with a free consultation to meet Attorney David E. Lewis? Contact us at 317-636-7514 to schedule a meeting with a DUI felony lawyer in Indianapolis you can trust. Our law firm also offers Indiana criminal record expungement and appeal representation.

Do I Have Another Option if I Lose My Appeal?

Posted on August 31, 2022 by admin

Losing is never fun. But when it comes to criminal matters, the consequences of losing in any aspect can be devastating to your future and your freedoms. After being convicted of a crime in Indiana, it is common for defendants to file an appeal with the courts to turn around a conviction or the ordered sentencing. When you lose your criminal appeal, you might immediately be asking, “what’s next?”, and you would not be alone. Most appellate court losses are followed by questions about alternative legal recourse options.

If you too have just lost your appeal, or afraid you might, continue below to learn what you need to know about moving forward from your loss.

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Why Appeals Get Approved or Denied

Going to appellate court can be intimidating because you simply cannot predict the outcome of your hearing. You may be granted an appeal under your desired conditions, or you may be denied and forced to continue with your fight to preserving your freedoms and protecting your rights. In most cases, appellate courts deny appeals because they agree with the original verdict and sentencing of the lower courts and did not verify any errors in the judicial or criminal process. If the court does have concerns or doubts about the lower court’s verdict/sentencing, or suspect errors in the process, they may grant an appeal.

Your Next Steps After Losing an Appeal in Indiana

If you do lose an appeal, you may have some options left on the table. But first and foremost, it is vital that you have a seasoned Indianapolis criminal defense lawyer working your case, otherwise you have little to no chance at obtaining a successful legal outcome. Choose an Indianapolis criminal attorney who specializes in Indiana appeals and expungements for the best chance at appealing an appellate court denial.

Depending on the nature of your conviction/crimes, here’s what a criminal defense attorney might do after you lose an appeal:

Petition For a Rehearing

Your Indiana criminal defense lawyer can petition for a rehearing to address any errors, misstatements, exclusions of information, oversights, or similar flaws in the legal process you believe impacted the appellate court’s decision.

File an Application for a Writ of Habeas Corpus

Your criminal defense lawyer can also file an application for Writ of Habeas Corpus. This is a type of post-conviction relief that is only eligible for certain criminal defendants. It is often used for convicts in prison who have exhausted all other efforts for appeals.

File a Petition to Transfer the Case

After losing an appeal in Indiana, you may be eligible to file a petition to have the case transferred to another appellate court. This option is generally fulfilled when there is a significant and strong question of law, or if there are issues with standardization in decisions.

Appeal to a Higher Court

The final “Hail Mary” option available to eligible defendants after losing an appeal is to bring their case before a higher court, either the State Court of Indiana or the Federal Supreme Court depending on the nature of their crimes. Higher courts will only see certain cases, so this is an unlikely option for the standard convict.

Do you wish you had an aggressive and skilled criminal defense attorney who can fight your appeal and give you the best chance at reducing or dismissing your conviction? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm that specializes in appeals. We can hold meetings over the phone or in person at our Indy-based office.

Where to Get Information About Indiana Drug Schedules and Categories

Posted on August 26, 2022 by admin

Although every drug is categorized in a schedule, Indiana Code allows the Indiana State Board of Pharmacy to suggest modifications and deletions to the state legislature at any time. If you are facing drug crime charges in the Hoosier state, it is important to educate yourself on these schedules so that you are well-prepared for your initial hearing and the court appearances that follow.

Continue below to learn where you can get information about Indiana drug schedules and categorization that is pertinent to your criminal case.

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Indiana’s Classification of Drugs

In Indiana, a classification system is used to categorize and define all drugs and controlled substances according to their abuse potential and addictive nature. These classifications are called “schedules” and were developed by Federal government and Indiana legislature. They range in number, from 1 to 5, and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Indiana Drug Schedule 1 Through 5

Schedule 5 (V) drugs are considered to be the least dangerous and addictive, with the lowest risk of dependency (addiction). Examples include non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 (IV) drugs are considered to have a slight risk of physical or psychological dependency, but a wide range of medically accepted uses. Examples include tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.

Schedule 3 (III) drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. Examples include testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule 2 (II) drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. Examples include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital, and phenmetrazine.

Schedule 1 (I) drugs are considered to be the most dangerous and have the highest abuse potential. Examples include heroin, mescaline, peyote, benzylpiperazine, psilocybin, methaqualone, MDMA (Ecstasy), LSD (Lysergic Acid Diethylamide), and tetrahydrocannabinols (THC). Yes, that’s right; marijuana is a Schedule one drug in Indiana, so the potential penalties will be high if these are the charges you face. Be sure you have a skilled lawyer working your defense.

To learn everything that you need to know about your current drug charges and how they relate to Indiana’s drug schedule, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced drug charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

Using Auto Brewery Syndrome For DUI Defense

Posted on August 23, 2022 by admin

If you are pulled over while driving, and the cop believes they smell alcohol on your breath, you will likely be asked to take to a breathalyzer test. This device measures and computes the amount of alcohol on a person’s breath. When you pass the breathalyzer test, you are generally free to go; however, if you do not pass the test, your car will be towed and impounded while you are arrested for a DUI (driving under the influence) and taken to jail.

Drunk driving charges, also known as DWI’s (driving while intoxicated) and OWI’s (operating while intoxicated), can lead to heavy fines, strict and mandatory probation and court orders, loss of driving privileges, and even jail time. But what if you fail the breathalyzer even though you haven’t had anything to drink? Perhaps you have Auto Brewery Syndrome.

Continue reading to learn more about this syndrome and what to do if you or a loved one is facing OWI charges right now.

DUI Attorney Indianapolis Indiana 317-636-7514 — Those with Auto Brewery Syndrome retain excessive quantities of yeast in their digestive system.

What is Auto-Brewery Syndrome?

Many Americans are not even aware that Auto Brewery Syndrome exists, but it can cause a person to fail a mechanical breath test. Basically, it is a disorder that causes a person to have an abundant amount of yeast in their digestive system. Large amounts of yeast can produce ethanol in quantities that can actually lead to intoxication. You could say that a person who suffers from this syndrome has a stomach that brews its own beer. Therefore, the syndrome can trick an officer into thinking a person has consumed alcohol even though they haven’t.

Not only do those with Auto Brewery Syndrome produce large amount of yeast, but they can also add to their yeast reserves by consuming foods and beverages that contain yeast. This includes wine, bread, tortillas, pitas, crackers, pizza crust, and more. Adding to the amount of yeast in their digestive system can also contribute to failing a breathalyzer.

Common Symptoms of Auto Brewery Syndrome:

▷ Dry Mouth
▷ Hangovers
▷ Dizziness
▷ Disorientation
▷ Depression
▷ Anxiety

There are several other health conditions that can contribute to falsely failing a breathalyzer test. Talk to your primary care physician if you are concerned that you may suffer from too much yeast or ethanol in your system. If you are facing criminal charges for a DUI, be sure to hire an experienced criminal defense attorney to avoid being sentenced to the maximum penalties for your crime.

Are you currently facing drunk driving criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive DUI defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your OWI charges.

Are Dropped Charges the Same as Dismissed Charges?

Posted on August 17, 2022 by admin

When criminal charges are no longer being held against you, they have either been dropped or dismissed. Although they render virtually the same results, charges dropped and charges dismissed are two different criminal outcomes. Continue reading to learn the difference between dropped charges and dismissed charges, including the pros and cons of each.

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The Prosecutor Decides to Drop or Dismiss Charges

In criminal cases, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges. Also known as the People, the State, or in federal cases, the United States, the prosecutor will ultimately make the decision to either drop, dismiss, or pursue the criminal charges against a defendant of the court. If the prosecutor chooses to pursue the criminal charges against a defendant, they must prove every element of the criminal act beyond a reasonable doubt. Because this is a challenging burden to undertake, prosecution will sometimes choose to drop or dismiss the criminal charges instead.

Criminal Charges That Are Dropped

Criminal charges can be dropped before or after charges have been filed with the court. The most common reason why charges are dropped in criminal cases is due to insufficient evidence. As we mentioned before, prosecutors have the burden of proving every single factor of a crime beyond a reasonable doubt. If there are holes in their case against the defendant, they may lack confidence in their ability to prove their assertions beyond a reasonable doubt.

Additional reasons why prosecutors might drop charges include errors in law enforcement procedures and violation of amendment rights, specifically 4^th, 5^th, and 6^th. Sometimes, courts, prosecutors, and government offices have heavy caseloads but not enough resources to deal with them all. This might lead a prosecutor to drop criminal charges the defendant. In other cases, a criminal defendant might have information that can help law enforcement pursue bigger criminal cases. If the defendant is willing to help, they might be offered a deal that involves dropping their criminal charges.

Criminal Charges That Are Dismissed

Criminal charges are usually dismissed for the very same reasons they are dropped, and lack of evidence is still the most common. The main different between dropped criminal charges and dismissed criminal charges is where they occur in the timeline of the judicial process. Dismissed charges generally don’t take place until later on, after the judge or prosecutor realizes they don’t have what they need to prove that the defendant is guilty of the alleged crimes. Oppositely, charges can be dropped before anything is even filed with the court.

Further distinctive of dropped charges, dismissed charges can be ordered by the judge rather than the prosecution. If the judge feels that there are holes in the case, they might override the process and dismiss the charges themselves.

Pros and Cons

Although hypothetical, if you could choose, you would want your charges to be dismissed. When charges are dropped against a defendant, prosecution still has the opportunity to reinstate their criminal charges later on. This might happen if they gather more sufficient evidence against you, allowing them to build a stronger case that proves you are guilty of the alleged crimes. When charges are dismissed, they typically stay dismissed for good.

Are you ready to fight your current criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

How to Reduce Your Indianapolis Criminal Charges

Posted on August 11, 2022 by admin

Ultimately, your number one goal after being arrested is to evade criminal charges. After criminal charges ensue, it is only natural to turn your focus on dismissing or reducing them. Fortunately, there are things you can do to help increase the chances of this happening.

Continue below to learn how to reduce your Indianapolis, Marion County criminal charges, including which criminal defense law firm is a top-choice for aggressive and skilled representation.

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Dismissal of Criminal Charges is Not Common

Although prosecution has the choice to drop your criminal charges either before or after they’ve been filed with the court, it is usually an unlikely outcome. Criminal charges are only dropped under specific circumstances, mostly as a result of insufficient evidence, but also due to factors like fourth amendment violations, which is when evidence is illegally obtained, like in the case of an illegally executed search warrant, as well as procedural issues, and resource issues. In some cases, prosecution may decide to tropical charges against the defendant. If they are willing to cooperate with law enforcement as an informant against another defendant or case.

Reducing Criminal Charges is a Strong Possibility

Compared to dismissal of criminal charges, reducing criminal charges is very possible. However, in order to have your criminal charges reduced, it is important to start out with the right representation. Although public defenders do society a service, it is not recommended to choose free legal representation when facing criminal charges. Public defenders have very high caseloads and cannot spend enough time working on each case with specific intent.

A private Indianapolis criminal defense lawyer can put their focus on your case and do everything it takes to lessen your criminal charges and therefore protect your rights and preserve your freedoms. Basically, if you want to avoid jail, hefty fines, and loads of community service, you need to hire a private criminal defense attorney. Without specialized and experienced criminal defense representation, it is very unlikely that the prosecutor will budge on your criminal charges.

Additional Factors to Consider When You Want to Reduce Your Criminal Charges

A plea bargain, or plea deal, is the key that will unlock your opportunity to reduce your criminal charges in Indianapolis. In order to be offered a reasonable plea deal, you will need seasoned criminal defense representation. A private criminal attorney can build you a strong and impactful defense against your charges, and ultimately convince the prosecutor to be more lenient. Not only can you jail time, but you can also avoid excessive hours of community service, rehabilitation programs, home detention, thousands of dollars in fines, and much more.

The lesser your criminal charges, the more promising your future. It is important to avoid jail time, especially if you have children or people who depend on you. Spending time in jail can put your job in jeopardy, plus create all sorts of social and domestic obstacles. It is in your best interest to have your criminal charges significantly reduced so that you can maintain the best possible quality of life for you and your loved ones.

Money Should Not Be a Concern

Many people choose to forgo private legal representation due to money or budgeting problems, but there is no price for freedom and peace of mind. Invest in yourself and your loved ones by paying out of pocket for private criminal defense in Indianapolis. A reputable criminal defense law firm will work with you on payment plans so that you can enjoy your freedom without going into debt or making any financial sacrifices.

Are you looking for a trusted criminal defense law firm in Indiana who can help you reduce or dismiss your criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Why Choose Our Criminal Defense Law Firm in Indianapolis

Posted on August 8, 2022 by admin

The Law Office of David E. Lewis is your top resource for superior criminal defense in Indianapolis, Indiana. When you are looking for a skilled and aggressive crime lawyer, Attorney David E. Lewis and his esteemed legal staff are the team to have in your corner. Our Indianapolis Indiana criminal defense law firm will build you a strong and impactful defense against your criminal charges, giving you the best possible outcome in court. Avoid harsh penalties and jail time by calling the Law Office of David E. Lewis today for your free consultation.

Continue below to learn why so many Hoosiers choose us to beat or significantly reduce their criminal charges throughout Central Indiana, plus how to get started on your defense as soon as today.

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The Law Office of David E. Lewis

Indianapolis Criminal Defense That Works

Here at the Law Office of David E. Lewis, you can expect to be treated with the utmost care and respect. We see you as the person you are, not the person. The courts are accusing you of being. Regardless of your crime or criminal charges, we are here to obtain a better legal outcome for you. We will work around the clock to build you a strong and impactful defense to significantly reduce or even dismiss your criminal charges entirely. Trust us to work on your case as if it were our own matters at stake.

Criminal Matters are Complex

Our Indianapolis defense attorneys know that your criminal matters are confusing to you and that you may not know which steps to take after being arrested or indicted on criminal charges in Indiana. If under investigation or charged with a crime in Indiana, your future and freedom could be in jeopardy. Your next few moves could greatly influence and impact your case, so having an adept defense attorney on your side is a monumental advantage for yourself and your future.

Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

From start to finish, our criminal defense attorneys take your legal matters seriously. You can count on us to protect your rights and preserve your freedoms at all costs. We have full knowledge of criminal law on both state and federal levels, plus retain years of experience serving Hoosiers just like yourself. Our case results are prima facie evidence that our law firm is the right choice for your criminal charges in Indiana.

Are you ready to schedule your free, no risk consultation with seasoned attorney who actually cares about the quality of your life? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

When Do I Have a Right to an Attorney?

Posted on July 27, 2022 by admin

If you are a criminal suspect or defendant, the grants you the right to an attorney. This right is thanks to our 6^th Amendment. Continue below to learn what you need to know about exercising this right, including how to protect it from start to finish in your criminal case.

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The Sixth Amendment Right is Reserved for Criminal Prosecution

The 6th Amendment provides many important rights for criminal defendants, including 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. But you are only conferred the right to an attorney if you are under criminal prosecution. Basically, if you are suspected of a crime, the law gives you the right to have an attorney present every step of the way, from the moment you are arrested and read your Miranda Rights to the day of your appeal hearing.

If you are facing a civil suit, such as a custody matter or contract dispute, you do not have a right to an attorney, and instead, would have to retain a private lawyer on your own. The reason why criminal defendants have a right to an attorney and civil defendants and claimants do not is because civil matters only result in fines and other civil penalties, while criminal matters can lead to a loss of freedom.

How to Execute Your 6^th Amendment

There are many instances in which you can evoke your 6^th amendment right. First, if you are arrested and have been read your Miranda Rights, you are officially in police custody, which means you are not allowed to leave and any questions the police ask are custodial. In this case, you would be immediately eligible to use your right to an attorney as soon as they begin asking you questions. Your sixth amendment right is an important protection against custodial interrogation. Any questions asked by the police are designed to trick you into incriminating yourself.

You can also use your sixth amendment right during any court appearance you have, even after being found guilty. You have in a right to an attorney at all pretrial hearings, such as your arraignment and initial hearing, as well as all other court appearances, including trial, sentencing, and appeals.

When Your Right to an Attorney Ends

At some point in the criminal justice process, your right to an attorney will come to an end. For instance, if you are scheduled any post-conviction hearings for probation or parole, or even a parole revocation hearing, you no longer have a right to an attorney. For these types of hearings, you would be required to hire your own private lawyer. Also, if a defendant is still locked up and they are scheduled a disciplinary hearing, they do not have a right to an attorney.

Are you looking to avoid jail time and the maximum penalties for your criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Everything You Need to Know About Home Detention

Posted on July 22, 2022 by admin

Home detention, also called house arrest or home confinement, is a court-ordered, officer-supervised penalty that is sentenced to certain offenders in lieu of jail time. When sentenced to such penalty, a person must remain within the set boundaries of their home at all times, but may be given limited travel privileges for work, school, or doctor’s appointments.

Although the label seems pretty clear, there is much more to a house arrest sentence than just home confinement. If you or someone you love is facing house arrest, it is helpful to get some answers to some common questions in order to put your mind at ease and clear up any confusion you had about the terms and conditions of house arrest.

Continue reading to review the most frequently asked questions about home confinement to do just that!

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Top House Arrest FAQS

Can a Juvenile Be Sentenced to Home Detention?

Both adults and minors under the age of 18 years old can be sentenced to home detention. In fact, many teenagers are sentenced to house arrest because most judges aim for a safer, more productive alternative to juvenile hall or jail. Whether juvenile or adult, all convicted offenders are put on temporary probation during the duration of the sentence. Probation can include routine meetings with a probation officer, random drug screenings, community service, full-time employment, drug rehabilitation, GED completion, MADD panels, and more.

What are the General Rules of House Arrest?

Every person’s case is different, and subject to varying regulations. However, the general rules of house arrest include no drugs or alcohol in the residence, no drug or alcohol consumption, a probation officer can come by the home at any time to check for drugs or alcohol or to perform a random drug test, adherence to a set curfew, and all orders of probation.

All convicted offenders on home detention must also wear an electronic monitoring bracelet around their ankle. This keeps track of their location. If the subject goes beyond their allotted property line, the probation officer and local law enforcement are immediately notified. Tampering with an ankle monitor is considered a violation, and a criminal charge in itself. The device is programmed to detect even the slightest tampering, then records and sends the notification to the proper authorities.

What Happens if You Violate House Arrest?

If a convicted offender breaks any of the rules of their sentence, they are subject to being ordered to a probation violation hearing in court. This means you not only face the previous charges, but now face additional ones as well. Sometimes, a probation officer will give a warning the first time, but it is important to understand that the terms are taken very seriously, and one minor infraction will be penalized.

Do You Need a Lawyer if You Violate?

In most cases, yes. The penalties for such violations are taken very seriously, and the penalties a defendant faces for them are very harsh as well. Your criminal defense lawyer already knows your case and will defend you once again to minimize the penalties you face for violating. They are your only hope at avoiding the maximum charges for a house arrest violation.

How are You Monitored on House Arrest?

A person on house arrest wears an electronic alarm device on their ankle at all times. This device is coupled with another that is connected to a person’s home phone. The device will record the dates and times of all traveling within and outside of the set boundaries. If any of these records show that a person traveled outside of their boundaries during a time that was not permitted, the probation officer is notified, and the person is charged with a violation. Tampering with the device will also be recorded and considered a violation.

Are you worried that your recent criminal charges will land you with the maximum penalties, like jail or house arrest? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our skilled and aggressive criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Can I Expunge a Federal Drug Possession Record?

Posted on July 19, 2022 by admin

Were you charged with a small possession drug offense years ago? You may be eligible now to seal or dismiss the record of offense, even if it was on a federal level. Continue below to learn if you qualify for federal criminal record expungement or sealing, plus how to get started on your petition in Indiana.

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Expunging Federal Adult Criminal Records

Some federal judges have discretion of power, which means they can freely choose to expunge a criminal record. Unfortunately, most judges, if any, will not blindly grant expungement for a federal drug record just because they were asked politely and within due process. But there is light at the end of the tunnel for some.

Dismissal of the Case

Anyone arrested or charged with a minimal amount of certain drugs in their possession might qualify for an expungement alternative known as dismissal of the case. Although one must first qualify to be granted a dismissal, it does give the claimant the right to deny ever being charged or convicted. This is commonly granted to those with small level drug possession offenses on their juvenile record.

Basic Qualification Guidelines:

In order to qualify for dismissing or sealing a federal drug possession record, your case must meet certain, specific requirements. Here are the most impactful prerequisites:

First Offense

Not only must the drug possession offense be small in quantity or weight, but it must also be your first time being charged or arrested for a crime.

Quantity or Weight

In order to qualify for dismissal of case or record sealing, the drugs you had in your possession must be small or low in weight and quantity. Small possession of illegal simple drugs is the key phrase here.

Specific Drugs

Not all drugs, even in small amounts or numbers, qualify for federal record sealing or dismissal. Drugs that qualify include marijuana and cocaine, as well as cocaine-based drugs like heroin and methamphetamines.

Condition of Possession

Under what condition were you in possession of simple, illegal drugs? If the drugs were prescribed by a licensed physician or you got them using a forged or phony prescription, your case does not qualify for federal record sealing or expungement.

Are you worried about a criminal record from your history and wish to see if you qualify for criminal record expungement or sealing in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our Indianapolis criminal defense law firm can hold meetings over the phone or in person at our Indy-based office.