Getting caught with illegal prescription drugs is a serious crime in our state. If it happens to you, act now to protect yourself. Don’t fall victim to the maximum penalties for your prescription drug charges in Indiana. Let a seasoned Indianapolis criminal defense attorney build an impactful defense to protect your rights and preserve your freedoms.
Continue below to learn exactly what you need to do to ensure your criminal defense is aggressive enough to reduce or dismiss your Indiana prescription drug charges.
Prescription Drug Charge Lawyer Indiana 317-636-7514
Prescription Medications are a Schedule II Drug in Indiana
According to Indiana Code 35-48-2-6, Schedule two 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. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence.
Prescription drug crimes have become an exponential epidemic in the United States over the past five years. And Since Indiana does not see drug addiction and usage as a health epidemic, but rather a crime, there will always be a need for a tough criminal defense drug crime lawyer in Indianapolis.
Your First Step After Being Arrested onPrescription Drug Charges
Attorney David E. Lewis understands just how damaging a prescription drug conviction can be to a person’s life, as well as the lives of their loved ones. It can negatively affect almost every aspect, from student financial aid and employment possibilities to child custody privileges, housing rental, loans, driving privileges, and much more.
For this reason, the law firm of David E. Lewis stays ahead of the trial and investigates and argues every facet and allegation of a client’s case to preserve their constitutional rights as well as their future.Contact us today at 317-636-7514 so we can begin to fight your Indianapolis IN prescription drug charges. We represent clients all throughout the state of Indiana.
You are on probation because the courts decided you do not need to be in jail to serve out your criminal sentence. Although you are not in jail, being on probation has many restrictions and rules. Breaking any of these terms and conditions of probation will lead to a probation violation. What happens if you violate your probation in Indiana? Continue reading to learn what you need to know about violations of probation.
Probation Violation Attorney Indianapolis Indiana 317-636-7514
After a Probation Violation
Once you are assumed to have violated the terms of your probation, the overseeing probation officer assigned to your case will notify the courts. Then a probation violation hearing will be scheduled. If you are on probation for a felony conviction, an arrest warrant will be issued to take you into custody as soon as possible.
Law enforcement will come to your house or place of employment. If you were convicted of a lesser criminal offense, such as a misdemeanor or infraction, you will likely just be notified of the hearing and expected to arrive on time.
Probation Violation Hearing
At the probation violation hearing, the judge will decide whether to revoke your probation and place you in jail, prolong your probation, or dismiss the violation altogether. Either way, if you are ever in violation of your probation, it is critical to hire an Indianapolis criminal defense lawyer immediately.
During the hearing, prosecution will use all sorts of legal tactics to prove that you in fact violated the terms and conditions of your probation. Prosecution simply needs to prove their case with a preponderance of the evidence, which is a legal term that basically means they have enough proof to show you are more likely than not in violation of your probation.
Determined to Be in Violation
If prosecution is successful and the court decides you have in fact violated your probation, your probation sentence could be revoked, and you could be sent to jail. The amount of time you’ll be sentenced to jail will depend on the Indiana sentencing guidelines for the particular offense you are convicted of.
With a skilled Indianapolis Indiana criminal defense attorney, you can feel confident that jail time will not be an end result to your probation violation hearing. An experienced lawyer can build an impactful case against your probation violation charges and negotiate a more lenient sentence on your behalf. They may even be able to throw your violation allegation out of court altogether.
Whether you have been wrongfully convicted or sentenced too harshly, your best recourse is to file a criminal sentence appeal. Continue reading to learn how to appeal your Indiana criminal sentence, including who to trust for superior and aggressive criminal defense representation.
Criminal Appeals Lawyer Indianapolis Indiana 317-636-7514
Appealing a Criminal Sentence Requires the Help of a Skilled Lawyer
If you want to successfully appeal a criminal sentence in Indiana, you will need a skilled and seasoned defense lawyer who has experience with criminal appeals and expungements. Without the help of an experienced criminal defense lawyer, your chances that appealing or reducing your criminal sentence are few and far between.
Criminal Convictions Versus Criminal Sentences
First you are convicted, meaning you are found guilty of the charges brought against you. Once you are convicted, you will be sentenced to certain penalties for your fence. However, you can appeal your conviction and your criminal sentence at the same time. However, you have a limited period of time to file a notice of appeal, which is just another reason why it is so important to hire a professional criminal defense lawyer to navigate your proceedings. Your attorney can make sure that you meet all deadlines and submit all necessary documents to move forward with a successful criminal sentence appeal.
Appealing Legal Errors
The majority of criminal sentences that are appealed successfully are those that contain legal errors that contributed to the conviction or sentencing in the first place. For instance, if the judge makes a mistake applying the law in your sentencing or applies the wrong sentencing factors or the wrong penalty provisions, you have a good chance that appealing since the errors led to an incompatible or unfair sentence.
Plea Bargains
Sometimes, plea bargains include a clause that waive a defendant’ rights to an appeal if they accept the plea bargain. So, if you plead guilty pursuant to a plea bargain, and the plea deal contained declarations that waive your right to filing an appeal afterwards, you cannot appeal your sentence or conviction. You may be eligible for criminal record expungement after some time passes from the date of your conviction.
Losing Your Appeal
If your criminal sentence appeal is unsuccessful, your defense attorney may be able to submit a criminal record expungement application for you. A new law in Indiana allows past offenders Indiana allows certain people to or seal their criminal records from the public, making it much easier to get a job, get a loan, apply to college, rent housing, and much more.
Being arrested and taken to jail for any crime is a startling experience, whether it’s a first arrest or a fifth. In all cases of arrest, the first question that comes to a defendant’s mind is, “how can I get out of jail as soon as possible?” With family at home and work on the line, getting out of jail quickly should be a top priority. Although many people turn to their own social and familial circles to arrange bail bond services for their release from jail, a lawyer can do this much faster and with a higher level of security.
Continue reading to learn how your lawyer can get you out of jail, and where to find a top criminal defense attorney in Indianapolis, Indiana.
Bail Bond Lawyers Indianapolis Indiana 317-636-7514
Criminal Defense Attorneys Work Faster and Smarter
In the case that you are arrested or surrendering to an arrest warrant, it is important to hire a seasoned criminal defense attorney to represent your case. Regardless of the severity of your criminal charges, a lawyer can significantly reduce or even to dismiss your sentence. It is always in the best interest of your future and your freedoms to retain professional legal counsel after being charged with a crime in Indiana.
With this in mind, you can help your friends and family by relieving them of the responsibility of getting you out of jail. Rather than your friends or family members calling a bail bond company in arranging bail bond service, you can simply go straight to the best legal resource which is your higher cripple defense attorney.
Your First Call After Being Arrested
After being arrested, your first priority should be to contact a veteran criminal defense attorney in Indianapolis. They can get you out of jail quickly because they have long-standing connections and good relationships with the local jails and courts. If you are preparing to surrender to an arrest warrant, you can hire and meet with your attorney beforehand, which significantly reduces the arrest warrant surrender and bail bond process time.
Here’s what a criminal defense attorney can do for you after being arrested:
► They can arrange or bail bond.
► They can waive my registration on your behalf.
► They can establish a pretrial release.
► If your bond is too high, they can motion for a bond reduction hearing.
Facing criminal charges is not a pleasant experience, regardless of how major or minor they may be. But, if you have the right knowledge, prepare accordingly, and hire a skilled criminal defense attorney, you can help ease the anxiety and fear that generally comes along being a criminal defendant. Many suspected offenders want to know the laws and procedures surrounding criminal search and seizures, as this is often the beginning of the indictment and criminal investigation process.
Continue below to review the top frequently asked questions about search and seizures, as well as how to protect your rights as you face criminal charges in Indiana.
Criminal Lawyer in Indianapolis IN 317-636-7514
Frequently Asked Questions About Search and Seizures
Does Our Fourth Amendment Right Protect Us Against Illegal Searches?
The 4th Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. This means that police and other forms of law enforcement must have a good reason to legally search you or your property, as well as seize personal belongings or make an arrest.
“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probablecause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal.
Can a Cop Search My Property Without My Permission?
Since police have the authority to make a probable cause determination, they can legally search your property if they want to, whether dwelling, vehicle, storage unit, barn, or shed. There is very little chance that they are found guilty of an illegal search later on.
Can I Refuse or Resist a Search?
There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.
How Do I Know if a Search Warrant is Valid?
There are ways you can ensure that a search warrant is legally standing and valid. When confronted with a search warrant by law enforcement, review the document and look for a magistrate’s signature, a description of the location to be searched, and a description of the items to be seized.
Can a Cop Read My Text Messages and Mail?
Whether snail mail, email, or text messages, a law enforcement officer can read through your literature if they have a valid search warrant. Once you are placed under arrest, police can confiscate and search through any belongings you have in your possession or on your person, such as purses, bags, wallets, and in some cases, cell phones. This is known as a “search incident to arrest.” Not all states allow a cell phone search under these circumstances, and instead, require a warrant to do so.
Burglary and robbery are two separate types of theft crimes that come with a separate set of penalties here in Indiana. Continue reading to learn the difference between burglary and robbery, including how they are penalized and the best way to avoid their maximum penalties.
Theft Lawyer Indianapolis IN 317-636-7514
Burglary and Robbery Fall Under the Category of Theft
It is common to confuse the crime of burglary with the crime of robbery. Many are unaware that there is a distinct legal difference.
► Robbery – Robbery is the crime of taking a person’s property or money by force, violence, or intimidation, with the intent of withholding such property from them permanently.
►Burglary – Burglary is the crime of illegally entering or breaking into a residence, building, or structure with the intent of committing a felony-level theft offense.
Here in Indiana, the punishments for burglary and theft are much different, and depend on the specific variables of the crime.
Burglary Penalties in Indiana
If a person breaks into a place that is not a dwelling or residence, such as a business or storage unit, the act is charged as a Level 5 felony. Level 5 felons are generally sentenced to anywhere from 1 to 6 years in prison with an advisory jail time of 3 years, and up to $10,000 in fines.
If a person unlawfully enters or breaks into a dwelling or residence, such as a house, apartment, condominium, mobile home, or town home, the act is charged as a Level 4 felony. Level 4 felonies are punishable by 2 to 12 years in prison with an advisory jail time of 6 years, and up to $10,000 in fines.
If a person is injured during the burglary, the offense bumps up to a Level 3 felony, which is punishable by 3 to 16 years in prison with an advisory jail time of 9 years, and up to $10,000 in fines.
If a person commits the crime of robbery, they are generally charged with a Level 5 Felony, which is penalized by up to 6 years in prison and up to $10,000 in fines.
If a person uses a deadly weapon to commit robbery, it is charged as armed robbery, which comes with more serious penalties. Armed robbery is charged as a Level 3 Felony, which as already mentioned, is punishable by up to 16 years in prison and up to $10,000 in fines.
Repeat offenders can face up to three times the advisory prison sentences for robbery.
Are you facing felony theft charges like robbery or burglary in Indiana? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or beating your theft charges in Indianapolis. We represent defendants all throughout the state, and can hold consultations and meetings in person or over the phone.
Although your teenager is still juvenile under the eyes of the law, they may not be tried as one if they are charged with a crime. Sometimes, juveniles end up in adult criminal court, where penalties are more severe and longer-lasting. If your kid has just been arrested and charged with a criminal offense in Indiana, you may wonder if they will be tried as an adult or a juvenile.
Continue reading to learn the top three ways a juvenile is tried in adult court and how to protect your child from receiving the maximum penalties for their Indiana criminal charges.
Juvenile Criminal Defense Indianapolis Indiana 317-636-7514
Juveniles 16 Year of Age or Older May Be Tried as an Adult
Although a juvenile is a minor under 18 years old according to both Federal and state laws, in criminal cases, teenagers between the ages of 16 and 17 years old are those who would typically be considered for adult court; but only under specific circumstances.
Even the Supreme Court recognizes that juveniles are not yet matured, and do not retain the proper emotional intelligence or impulse control to fully understand the wrongfulness of their crimes, nor the foreseeable consequences.
For this reason, there are juvenile courts that are specifically tailored to juvenile criminal cases and juvenile rehabilitation. However, there are ways for prosecuting attorneys to treat juveniles like adults in adult criminal court.
A prosecutor’s office has three methods of doing this:
❶ Direct File – They can seek to directly file the juvenile in the adult court, which does not require any sort of juvenile court hearing for approval, nor does the judge have any say-so in the prosecution’s decision. In order for prosecution to directly file a juvenile’s criminal charges in adult court, the criminal charge must fall under IC 31-30-1-4. Examples of charges on this list include attempted murder, murder, rape, kidnapping, robbery with a deadly weapon, robbery that causes serious bodily injury, and carrying a gun at school without a license.
❷ Waive to File– IC 31-30-3 allows prosecution to seek to waive charged juveniles to adult court. This differs from a direct file procedure because the motion must be filed and adjudicated in juvenile court first. Also, judges to have discretion in the decision. The 3 kinds of waivers include Discretionary, Presumptive, and Mandatory waivers. The waiver chosen depends on the age and nature of criminal charge.
❸ Prior Successful Waiver/Subsequent Felony Charge – A prior successful waiver and subsequent felony charge is the third method of bringing charges against a juvenile offender in adult court, which is allotted under IC 31-30-1-2. If the juvenile is charged with a felony but was previously waived to adult court for a prior charge, prosecution will automatically file their new charges in adult court. However, if the juvenile’s new charges are on a misdemeanor level, and they were previously waived to adult court on felony charges, they will NOT automatically be turned over to the adult criminal justice system.
Hire an Indiana Criminal Lawyer for Superior Legal Protection
This information and Indiana Codes are confusing to anyone who is not well-versed in state and federal criminal law. It is vital to discuss all of your criminal charge and conviction concerns with an experienced criminal defense lawyer in Indianapolis. They have the knowledge and resources to navigate your kid’s criminal defense in a direction that minimizes their charges and subsequent penalties.
Having a criminal record in Indiana holds you back from a heap of opportunities. From employment and school admissions to promotion prospects, banking, leasing a residence, and even dating, your criminal record can play a role in various aspects of your life, and not in a good way. Now that Indiana has a new law permitting the expungement or ceiling of criminal records, you might be wondering which criminal records of yours are eligible. This is a smart question because not all criminal records can be expunged in our state.
Continue reading to learn more about criminal record expungement in Indiana, including which criminal records can be expunged and which cannot.
Expungement Lawyer Services Indianapolis IN 317-636-7514
Indiana’s Second Chance Law
Indiana’s Second Chance Law is a new law recently passed allowing allows those with criminal charges, convictions, and arrests to clear such criminal history upon qualification. However, perhaps the most important rule to expunging a criminal record in Indiana is that a petitioner can only file once in a lifetime.
To make matters more complicated, if a mistake is made, such as a simple spelling error or missed deadline, it could cause an expungement petition to be rejected. In such case, the petitioner would lose their chance to file for expungement forever. For this reason, it is vital to hire an Indiana criminal appeals lawyer for legal assistance with criminal record expungement.
Ineligible Criminal Records
Some criminal charges and convictions are not eligible for expungement. Regardless of how long it’s been since the date of the suspected offense, many felony convictions cannot be expunged in Indiana. Charges in convictions not eligible for expungement include, but are not limited to, the following:
▸ Murder ▸ Sex Crimes ▸ Reckless Homicide ▸ Manslaughter ▸ Feticide ▸ Human Trafficking ▸ Assisting or Causing Suicide ▸ Transferring Contaminated Bodily Fluids ▸ Registered Sex Offenders ▸ Inappropriate Communication with a Child
There are additional charges and convictions that do not qualify for criminal record expungement. Ask your Indiana criminal record expungement lawyer for a complete list on eligible and ineligible records.
What You Can Expunge or Seal From Public Access in Indiana
When it comes to arrest records, so long as there was never a conviction you may qualify to expunge or seal this criminal history from public access in Indiana.
As for misdemeanor convictions, most can be expunged or sealed under the criminal record expungement law in Indiana. However, certain qualifications may apply.
Level 6 felonies, formerly referred to as Class D felonies, may qualify for criminal record expungement or criminal record sealing under certain circumstances.
When you are charged with the crime, your first thought might lean toward your Fifth Amendment right. What is your Fifth Amendment right? Well, under the United States Constitution, your Fifth Amendment right provides you with protection against 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.
So, how does your Fifth Amendment right relate to being granted immunity in a criminal case for testifying against someone else? Continue reading to find out.
Immunity Lawyers Indianapolis Indiana 317-636-7514
Testifying for Immunity in a Criminal Case
As a citizen of the United States, you are protected against self-incrimination. This means that you cannot be forced to provide information that directly incriminates yourself or respond in a way that will lead to the discovery of evidence that can potentially incriminate you. This is why you have the right toremain silent and the right to an attorney at the moment you are arrested and read your Miranda Rights. Although law enforcement and courts encourage you to tell the full truth and confess to the crimes you are guilty of, you cannot be forced by law to do so.
How does this relate to exchanging your testimony for immunity in your own criminal case? Well, sometimes prosecution will make a deal with a defendant who is suspected of particular crime or criminal activity by offering them immunity in exchange for testimony against another suspected criminal or crime leader. This prosecutor strategy is typically used with large drug trafficking and sex ring cases, or in criminal cases involving black market operations.
2 Types of Immunity
There are two common types of immunity offered by prosecution in criminal cases: Total Immunity and Use and Derivative Use Immunity. Total immunity, also known as transactional immunity, refers to an arrangement that gives a suspect complete protection against being charged at any point in the future based on matters related to their testimony.
Use and derivative use immunity is a similar arrangement to total immunity, but with more restriction, which is why it is the more common type offered in criminal cases. A person who is granted this type of immunity will be protected against being charged by prosecution based on statements, or any evidence uncovered from their statements, given in their immunized testimony.
Who is Granted Immunity in Indiana?
In order to be eligible for immunity, you must have valuable information against another serious offender in Indiana. Furthermore, prosecution must believe that your information can help them bring about a case or serve as concrete evidence against said suspected criminal. Keep in mind that there are limitations and rules that go along with this type of legal arrangement. After all, immunity is more of an inventive for prosecution, who uses it as a tool to get what they want.
Once a person is granted immunity, they must testify in court against the person they have information on. If the person refuses to testify after being given immunity, they will be held in contempt of court. Furthermore, being granted immunity does not mean that a person is entirely cleared. Prosecution could later indict an immunized witness, so long as prosecution and law enforcement can prove that the case is based exclusively on evidence separate from the witness’s immunized testimony.
Being granted immunity in exchange for testimony in Indiana is rare. If you are facing minor criminal charges, it is not likely that prosecution will want your testimony unless you do have information on a serious criminal ring or offender in Indiana. It is important to speak with your Indiana criminal defense lawyer to understand your rights and best options for defense during the criminal justice process.
What Does Immunity Mean?
If a person is granted immunity in exchange for their testimony against another suspected criminal in Indiana, it means that the testimony they provide cannot be used as evidence to support further criminal charges or an indictment against them.
So, if a defendant admits to burglarizing a convenience store while testifying against another person, prosecution cannot file charges against them for burglary if they are giving their testimony in exchange for immunity.
In another example, if the defendant admits to fleeing the state while on parole, they cannot be charged with a parole violation afterwards if such confessions were provided during a testimony in exchange for immunity.
When a defendant is charged with a crime, and later found guilty of their charges, they will face sentencing by a judge. A defendant’s sentence will depend on several factors, all of which will further differ among jurisdictions. A common outcome for convicted criminals is a split sentence. Continue reading to learn more about split sentences, including eligibility standards, possible drawbacks, and more.
Indianapolis IN Criminal Defense Attorneys 317-636-7514
How Split Sentencing Works
A split sentence is simply one sentence separated into two parts, namely serving as an alternative to an extended prison sentence. For instance, if a defendant is sentenced to jail time, followed by a period of probation, they are entering into a split sentence.
There are many assumptions as to why courts have adopted this form of penalization, some of which include jail overcrowding, trade and industry losses, and progressive movements in the judicial system. Regardless of the reason why it exists, split sentencing is a real possibility for many defendants convicted of a felony crime.
In most cases, a judge decides where to make the split between incarceration and probation on the basis of time. A convicted felon may serve 3 years in prison and 5 years on probation, while another may serve 6 months in jail and 2 years of probation. It all depends on various factors of a convict’s crimes, criminal history, and more.
On the other hand, some states set specific guidelines that judges must adhere to when splitting a sentence for a criminal. Take Alabama for example; in Alabama, if a defendant’s overall sentence is less than 15 years, a judge can order no more than 3 years of imprisonment. Once the convict is released from jail after three years, they must serve the remainder of their sentence on probation, which may or may not include house detention and monitoring.
Eligibility Requirements for Receiving a Split Sentence
Not every convict is given a split sentence. There are certain eligibility requirements, all of which are dependent on the criminal codes specific to each state. Continuing the example of Alabama, a convict who is found guilty of a sexual assault involving a minor is automatically ineligible from being granted a split sentence. Another common disqualification is the length of a convict’s overall sentence. Normally, a sentence exceeding 20 years is exempt from split sentencing.
Possible Drawbacks of a Split Sentence
There are several potential consequences of being handed a split sentence. Two of the most common drawbacks are not being given sufficient time served in jail, or the possibility of having the sentence revoked. Another drawback could be the inconvenience of probation. Some agree that stacking is a possible consequence of a split sentence, which refers to two or more sentences being served consecutively. Also, many states still consider a person a felon, even if they are granted a split sentence.
Do you want to avoid the maximum penalties for your state or federal criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.
