Searching for Criminal Defense Lawyers in Indianapolis?

Posted on August 26, 2021 by admin

Here at the Law Office of David E. Lewis, we our seasoned criminal defense lawyers in Indianapolis can ensure you avoid the maximum penalties for your federal or Indiana criminal charges. Best of all, we also provide criminal record expungement legal assistance, which means we can help you clean up your criminal history too!

Continue below to learn why you should choose David E. Lewis, Attorney at Law, and his experienced Indianapolis criminal defense legal team, to represent your criminal case in Indiana.

Indianapolis Criminal Defense Lawyers 317-636-7514

Choose an Indiana Criminal Defense Law Firm With Experience

The Law Office of David E. Lewis provides criminal defense representation for anyone facing criminal charges in Indianapolis, or anywhere else in Indiana. Our highly experienced criminal defense attorneys are well-versed and seasoned in criminal law and will represent you and your family as if it were our very own!

Whether you have just received a Notice to Appear in the mail, just been arrested as a suspect for a crime, or learned of an arrest warrant in your name, the Law Office of David E. Lewis has the assertiveness, knowledge, and experience to fight for your rights and gain better outcomes in Indiana courts.

Our proficiency doesn’t just come from school and books, it stems from hard-earned, hands-on experience representing clients over a course of several years. You can rest assure knowing that your case is in competent and caring hands. No matter how small or complex your legal situation may be, we will stop at nothing to fight your charges and get you a better-quality resolution to your case.

Our Indianapolis Defense Attorneys Represent All Criminal Cases

Our Indianapolis criminal defense attorneys skillfully represent most criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation (or parole) violation charges, and much more.

Furthermore, when you call the Law Office of David E. Lewis, you can expect to reach a knowledgeable and friendly legal representative that will ask you a series of questions while setting up your free initial appointment. You can trust that all the information you give over the phone and in-person will be handled discreetly and with the upmost care and concern.

Are you ready to discuss how to reduce or dismiss your criminal charges or arrest warrants in Indiana? Contact us at 317-636-7514 to schedule a free initial consultation with a skilled Indianapolis IN criminal defense lawyer to determine the best strategies for defense pertaining to your individual charges and criminal history.

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Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Top Myths About Breathalyzer Tests

Posted on August 20, 2021 by admin

Whether it is a breathalyzer test or an intoxilyzer test, law enforcement knows that there is no way you can trick a breath-testing device. However, many drinkers mistakenly beg to disagree. There are several myths circulating through society about breathalyzer testing and how to pass a breath test after drinking alcohol; but believing these myths can and will get a person in trouble.

Continue reading to learn the top myths about breathalyzer tests, and how to protect yourself if you were recently charged with A DUI or OWI in Indiana.

Indiana DUI Criminal Defense 317-636-7514

Breathalyzer Testing Myths and Misconceptions

Sucking on a Penny

For many decades now there has been a rumor going around suggesting that if you suck on a penny, you can pass a breathalyzer test. But this is very false. Furthermore, coins are incredibly unsanitary, so you should never put them in your mouth. Besides, if a police officer catches you with a penny in your mouth before they administer their breath test, it can be used against you by the prosecutor who may suggest that you knew you are guilty and were trying to conceal your intoxication.

Refusing a Breath Test

Many people believe that if you refuse a breathalyzer, law enforcement has no way to retrieve blood alcohol content (BAC) evidence against you, and therefore, cannot charge you for an intoxication offense. Not only is this completely untrue but refusing a breathalyzer when requested by law enforcement is a separate offense in itself and will immediately suspend your driver’s license for six months without any questions. Here in Indiana, when you register your vehicle, you automatically consent to breathalyzer testing, and agreed to driver’s license suspension in the event that you refuse one.

Drinking Vodka

There is a rumor that suggests that if you drink vodka over all other alcoholic beverages, the smell cannot be detected on your breath by law enforcement if you are ever pulled over or stopped for questioning. But this rumor is untrue as well. Any sort of liquor will have a distinct scent on a person’s breath, and when you’ve been drinking you become nose blind to the smell. Just keep in mind that officers are sober, which means they have a heightened sense of smell for things like liquor and marijuana.

Were you recently arrested for an intoxication offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

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Read This If You Are Confused About Indiana Criminal Record Expungement

Posted on August 17, 2021 by admin

Employers, landlords, banks, school admission offices, professional licensing organizations, and even the general public can access municipal record directories to a person’s criminal history. Such access will give someone information about past infractions, arrests, charges, convictions, court sentences, and even rehabilitation orders. Therefore, if you are someone with a criminal record, you might want to know how to restrict these records from public access by taking advantage of the new Indiana criminal record expungement or record sealing laws. Whether you are granted expungement or record sealing will depend on several factors, primarily your individual case history.

Continue reading to learn the basics surrounding criminal record expungement and sealing in Indiana, including how to confirm your eligibility and get started on your petition as soon as today.

Indiana Criminal Record Expungement Lawyer 317-636-7514

Hire a Criminal Record Expungement Lawyer in Indiana

If you are having trouble understanding the various laws, restrictions, and processes surrounding criminal record expungement, do not feel defeated. These laws are highly complicated, thus requiring an acute and extensive knowledge of the law to fully understand how it works. So, your best course of action to take is to contact a licensed Indianapolis criminal defense lawyer who specializes in appeals and expungement, and who is well-versed in the New Indiana Second Chance Law. Your lawyer will be able to describe all aspects of the relevant law to you with a unique focus on your particular case history. In contrast to law books and legal references, they can debrief you on all your options and requirements in a language you can clearly understand.

Learn About Criminal Record Expungement

The new Indiana criminal record expungement law officially took effect on July 1st of this year. This law allows people to petition for misdemeanors and Class D Felonies to be expunged or restricted from their personal records. This means employers would not be able to see criminal histories of potential employees by running standard background checks. This new law has the potential to change lives for people who have had trouble gaining or retaining employment due to their criminal backgrounds.

Unfortunately, not everyone qualifies to have their records expunged or sealed. There are several conditions, restrictions, and requirements that dictate a person’s qualifications for approval. Fortunately, numerous people do qualify. You cannot truly know until you speak with a lawyer and have them review your case. In order to be eligible, a defendant’s application must establish certain criteria.

Some common ones include time passed, type of crime, habitual offenders, and more. Furthermore, a defendant cannot have any current or pending charges against them, they must have a valid drivers’ license, and they must have successfully completed their sentence and all legal obligations surrounding their crime, including probation. If a defendant meets all these conditions, they may be eligible; however, there are still many more types of criteria to pass. Only a lawyer can help you accurately determine your eligibility.

Potential Restrictions

Along with prerequisites and stipulations, there are also restrictions that can prohibit a person from qualifying for criminal expungement. On this list of restrictions, a person who intends to clear their criminal history cannot restrict this information from criminal justice agencies and child service agencies. Moreover, a person can only file a petition one time; however, they can petition to expunge several convictions at once if they qualify.

Are you ready to get your petition for criminal record expungement or sealing started today? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation with a licensed criminal record expungement lawyer in Indianapolis, Indiana.

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Use These 3 Tips to Avoid Being Pulled Over By a Cop

Posted on August 11, 2021 by admin

Nobody wants to be pulled over by the police, whether for a routine traffic stop or a drunk driving offense. To avoid being pulled over by police, there are some certain things you can do. Continue reading to learn the top three ways you can prevent yourself from being stopped by a cop, as well as what to do if you were recently pulled over and charged with an offense in Indiana.

Criminal Defense and Appeals Indianapolis IN 317-636-7514 — Criminal Defense Lawyers Indianapolis IN 317-636-7514

Your Rights During a Police Stop

Law enforcement officers are not permitted under law to stop just anyone they want at any time for no reason at all. They must have probable cause to stop and question a person for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges.

This violates our constitutional right against unreasonable searches and seizures. To arrest them, they must have probable cause or a warrant. So, although it might seem like a police officer stops someone for no reason, professional training and strategies used by law enforcement can allegedly spot the signs of suspicious or criminal behaviors.

How to Be a Non-Target for Law Enforcement

As for pulling people over, law enforcement’s top priority is to ensure the safety of all drivers and passengers on the road. Mostly, they are looking for intoxicated drivers, drug traffickers, reckless speeders, and similar offenders. Whether you are doing something illegal or not, in order to avoid being arrested or cited for a traffic offense, follow these three important tips:

❶ Stick to Your Car’s Routine Maintenance Schedule

One of the most common reasons for being pulled over unexpectedly is for automotive defects like a dimmed taillight, broken turn signal, or some other type of illumination or equipment defect. In many cases, a minor traffic offense leads to additional officer suspicions, thus resulting in additional charges like DWI’s, drug possessions, suspended license, and more.

So, be sure to stay current on all scheduled car maintenance according to your car’s owners’ manual. This will prevent your vehicle from experiencing any sort of unanticipated equipment malfunctions or automotive defects that can lead police officers to pulling you over. For instance, if your head or taillights are not illuminated brightly enough, law enforcement will be inclined to pull you over insight you.

❷ Stay Compliant With All Local and State Regulations

It is also very common to be pulled over if your plates or driver’s license is expired, or if you have not renewed the license plate stickers. Furthermore, if the cop runs your plates and learns that your vehicle is not properly insured or registered, they will also pull you over. So, to avoid being pulled over for these minor infractions, it is wise to ensure that you are always in compliance with all local and state automotive regulations.

❸ Drive Mostly in the Daytime

If you restrict the majority of your driving during the daytime only, you can avoid being pulled over by police significantly. Not only can you see police officers better, but you can also see the roads better, which can reduce your chances of making any driving errors or traffic mistakes that bring attention to you.

Were you recently pulled over and arrested for a crime in Indiana? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Our legal team specialize in DUI charges, drug possession crimes, drugged driving charges, and similar criminal traffic offenses. Consultations are free so act now and get started on your defense today!

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Top Indiana Criminal Law Facts Everyone Wants to Know

Posted on August 6, 2021 by admin

As a leading criminal defense law firm in Indiana that has been practicing for nearly 3 decades, we have heard almost every question in the book. But when it comes to the most frequently asked questions about criminal law and defense, there are a handful that certainly top the list. Continue reading to learn the top criminal law facts that everybody wants to know, and how to get protect yourself from the maximum penalties for your pending criminal charges.

Indianapolis Indiana Criminal Defense 317-636-7514

Indiana Criminal Law and Criminal Defense Facts

Whether you are somebody who lives in Indiana or simply passing through, it is important that you know these criminal law and criminal defense facts:

Law Enforcement Searches

Everyone wants to know the legalities surrounding law enforcement searches. The truth is, if law enforcement wants to search your house or car, you reserve the right to say no. However, if police have a valid search warrant for your house or other property, then you cannot decline. If this happens to you immediately contact in Indiana criminal defense lawyer for guidance.

Field Sobriety Testing

If a person is pulled over because they are suspected of driving under the influence of either alcohol, controlled substances, or drugs, the driver has the right to refuse a breathalyzer and field sobriety test. However, under Indiana law, if you do refuse either of these tests, your driver’s license is immediately suspended for six months. When signing your registration, you automatically agree to these terms. You will also face additional penalties if ultimately convicted of a DUI.

Suspended Licenses

Here in Indiana, is illegal to operate a motor vehicle driver’s license is suspended or revoked. If you are caught driving with a suspended or revoked license, not only will you be required to pay hefty fines, but you will also lose your driving privileges for an extended period of time.

Rights to Attorney Requests

When you are arrested in Indiana, you have the right to request to consult with an attorney before answering any questions asked by law enforcement or investigators. In fact, it is strongly encouraged to always speak with a criminal defense lawyer before agreeing to be interviewed by law enforcement. This entitlement has to do with your Miranda Rights.

Criminal Records

Many people assume that a criminal record is permanent, but not all criminal arrests, charges, and convictions have to be. Speak with a skilled and experienced Indianapolis crime lawyer who is well-versed in Indiana’s Second Law to learn your eligibility for criminal record expungement.

Juvenile Defense

Although contrary to common belief, juveniles can be tried as adults, and therefore be penalized like one. It is important to retain the services of a private criminal defense lawyer to avoid the situation, and to protect your child from being sentenced to the maximum penalties for their criminal charges.

Are you currently facing criminal charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled criminal defense in Indianapolis, Indiana. We represent adults and juveniles.

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Common Types of Property Crimes and Penalties in Indiana

Posted on August 3, 2021 by admin

There are several different types of property crimes that one can commit here in Indiana. From vandalism to arson, and many in between, Indiana does not take such offenses lightly. If you or someone you love was recently arrested or indicted on property crime charges, it is vital to hire a criminal defense attorney as soon as possible to protect your rights and preserve your freedoms.

In the meantime, continue below to review some of the most common types of property crimes in Indiana and the penalties that generally follow if convicted.

Indianapolis Criminal Defense Law Firm 317-636-7514

What is a Property Crime?

A property crime is any type of intentional or unintentional act of destruction or theft to a private or public premises. In Indiana, they are punishable on a wide scale depending on circumstances and details of the crime, from Class C Misdemeanors to Level 1 Felonies.

☛ See Sentencing Guidelines for Indiana

Here are the most common types of property crimes in Indiana:

Theft

Also called larceny, theft crimes are any acts of intentionally and knowledgeably exerting control over one’s property without consent or authorization. “Exerting control” can mean a variety of actions, including taking, possessing, obtaining, controlling, leading away, carrying, driving, concealing, selling, abandon, encumbering, conveying, transferring, securing, reproducing, or extending a right to another’s property. Theft convictions range from Class A Misdemeanors to Level 5 Felonies depending on the value of stolen items and various other details.

Shoplifting

Shoplifting is a type of theft crime in which a person intentionally conceals merchandise from a retail store without any intention of paying for it. Putting a book in your inside jacket pocket or a necklace in your purse at a store so that you can walk out without paying for them are examples of shoplifting. Shoplifting sentences depend on the total value of the items, but they commonly range from low level infractions to Class A Misdemeanors. In more serious cases, shoplifting charges can be Felonies.

Burglary

Burglary is another subcategory of theft. Different from robbery, which involves the use of a weapon, burglary is the act of unlawfully and forcibly entering a house, building, or enclosed structure with the intent of stealing property or possessions. It can also be unlawfully entering a house or enclosed structure for the purpose of committing another type of illegal act. Like most theft crimes, the charges for burglary can range from low misdemeanors to high felonies depending on the circumstances of the crime.

Robbery

Robbery is the crime of burglary and theft all in one, but with the use of a deadly weapon, force, or threat of force. Commanding a cashier to hand over all of the money in the cash register while showing them a gun on your belt would be the crime of robbery. Robbery is a serious theft crime, so it comes with much higher charges and penalties, usually Felonies.

Arson

Arson is the crime of intentionally setting fire to or burning a house, building, structure, or area of property such as a forest or park. If someone commits the violent crime of arson, and as a result, someone suffered bodily injury, the level of punishment drastically increases, as do the subsequent penalties upon conviction. Minor cases of arson, usually with juveniles, result in Misdemeanors, while more serious crimes of arson are charged as felonies.

Vandalism

Vandalism is a very common crime that can be as minor as writing your name in marker on the bathroom stall to graffitiing an entire building façade with spray paint. Any act that degrades, devalues, destructs, defaces, damages, or destroys a property is considered a crime of vandalism. Like most property crimes, the level of punishment depends on the severity of the crime and total value of damage. Sentences range from low-level infractions to Level 5 felonies.

Are you facing criminal charges for one of these types of property crimes in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation for theft crimes in Indianapolis, IN today.

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FAQS About Being a Witness in a Criminal Case

Posted on July 28, 2021 by admin

Criminal cases at any level are serious, as they can significantly alter the course of your life and negatively impact your pursuit of happiness. For this reason, it is important to be prepared for your criminal case by retaining a skilled defense lawyer, especially if you must testify or have witnesses at your trial. Even if you have been subpoenaed to testify in another person’s criminal case, it is wise to be prepared, as court hearings are very serious matters.

Whether testifying at another’s trial or your own, continue below to review some frequently asked questions about being a witness in a criminal case, and who to trust for aggressive criminal defense that can preserve your rights and freedoms.

Frequently Asked Questions About Trial Testimonies

What To Do After Receiving a Subpoena

If you were subpoenaed to be a witness at another defendant’s criminal case, be sure to take it seriously by responding according to instructions and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge can be offended and provoked if you ignore one. As a result, the judge can take a personal interest in you and pursue penal action. 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.

How Can I Be a Good Trial Witness?

First and foremost, always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, dress business casual, be on time, and maintain a calm and polite composure. Avoid using bad or offensive language, and only speak when spoken to. If you are testifying at your own trial, always take your lawyers advice and follow their instructions.

Can a Child Be a Witness in a Criminal Case?

In the case that you have witnesses at your trial, whether in support of proving your innocence or guilt, there is a possibility that it can be a child or juvenile minor. Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children. A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies.

Can I Get Immunity For Being a Witness?

Immunity is basically a “hall pass” or “get out of jail free card” for a person who is charged with or suspected of a minor crime. In exchange for vital information and testimony that will help prosecute a more high-profile criminal, a prosecutor will not move forward with charging a suspect. But, not every is offered immunity. Immunity is typically reserved for more high-profile cases and long-standing investigations. Common cases that might involve an offer of immunity include crime bosses, drug traffickers, smugglers/black-marketers, white collar fraud, sex trafficking, and similar serious crime enterprises.

Can I Be a Witness in My Own Criminal Case?

Although most criminal lawyers will recommend that you do not testify at your trial, there are times when a defendant’s personal testimony can be a good strategy for the defense. If this is the case for your own trial, there are some rules to follow. In addition to being honest with the courts and opposing lawyers during your testimony, it is equally important to do the same with your own criminal defense lawyer. They must know everything in order to build an impenetrable defense against your criminal charges. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Are you looking for an experienced and aggressive defense lawyer who won’t let you be subjected to the maximum penalties for your Indiana criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

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The 6 Stages of an Indiana Juvenile Case

Posted on July 23, 2021 by admin

When your child is facing charges in the juvenile court system, your mind is full of questions. By learning what to expect from the juvenile court process, you can feel more at ease and be better prepared with the proper legal defense. Continue reading to learn the 6 stages of a juvenile case in Indiana, and who to trust for skilled criminal defense for minors in Indianapolis.

Juvenile Criminal Defense Indianapolis Indiana 317-636-7514

Hire a Juvenile Defense Lawyer

Child arrests are never easy, even if your child is merely weeks away from turning 18. So, when they happen, your first priority should be to hire a licensed criminal defense attorney who is well-versed and experienced in juvenile cases. They can help navigate you every step of the way and provide a pillar of support throughout the whole process. From the detention hearing to the final review hearing, your juvenile defense lawyer will ensure your child’s rights are protected and their freedoms preserved.

Juvenile Justice System Process in Indiana

Although the stages of your juvenile’s case will vary depending on several factors, such as the scope of the offense and the presiding jurisdiction, the possible stages your child will experience in the Indiana juvenile justice system process are the detention hearing, initial hearing, waiver hearing, fact-finding hearing, dispositional hearing, and review hearing.

Detention Hearing

The detention hearing is the very first appearance in juvenile court. It usually takes place within the first 48 hours following an arrest, but not including weekends or holidays. At this hearing, a judge will determine whether the juvenile must remain in custody of the detention facility or if they can go home. This hearing is an opportunity for your child’s criminal defense attorney to present the wishes of the child to the judge and confirm who will be responsible for supervising the child while released from juvenile detention custody.

Initial Hearing

The initial hearing comes next, which is the court appearance in which the child is read their official charges. It is vital that your juvenile has a reputable criminal defense attorney present at this initial hearing.

Waiver Hearing

A waiver hearing is not always part of the juvenile justice system process. It only takes place if the prosecutor requests that the juvenile case be transferred to an adult court, therefore having the child tried as an adult.

Fact-Finding Hearing

The fact-finding hearing is held to allow witness testimonies, cross examination of witness and the accused, and for the defense attorney to present evidence in support of the child’s benefit. At the conclusion of this trial, the judge will determine if the child has in fact done something wrong. If the judge decides the child is innocent, or not liable for the offense, the case is over and the child walks, penalty-free.

Dispositional Hearing

A dispositional hearing is only held if the judge concludes that the child has done something wrong or broken the law in some way. At this hearing, the judge will decide the appropriate penalties or punishment for the child’s offense. Generally, this includes probation, community service, fines, restitution, mandatory school attendance, treatment, and counseling. In worst case scenarios, the judge will order the child to juvenile detention.

Review Hearing

A review hearing is held every 6 months, until the probation period is completed in full and as ordered. This hearing is used to check on the child’s progress while on probation.

Was your child recently charged or accused of a crime? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled juvenile criminal defense in Indianapolis, Indiana. Schedule your consultation over the phone, via online video conference, or in person at our office.

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I Was Arrested So What Happens Now?

Posted on July 20, 2021 by admin

Being arrested, or even experiencing the arrest of another person, can be a traumatizing event. Upon an arrest, it is common to feel an influx of anxiety, concern, fear, and various other emotions. But more often, people under arrest, or have just arrived home after being bailed out of jail, or simply filled with questions. Continue reading to learn what you can expect from the Indiana criminal justice process following your arrest, and who you need to call for aggressive criminal defense that can reduce or dismiss your Indiana criminal charges.

The Basic Stages of a Criminal Case

Although it may differ from state to state, here in Indiana, all criminal cases start with the arrest, whether that be a physical arrest, an indictment, or an arrest warrant. Following an arrest, the preceding stages are bail, arraignment, preliminary hearing, pretrial motion, trial, sentencing hearing, and if applicable, an appeal.

Bail

A person is arrested, they are eventually given the opportunity to post their bail. To do this, you would contact a local bail bondsman and follow their instructions. There is a nonrefundable fee for a bail bond, and you will be required to sign a legally-binding contract that holds you liable for the full bond amount in the case that the defendant fails to appear for their scheduled court date.

If you are turning yourself in for an arrest warrant, meaning you are the one that is to be arrested, you can contact a bail bondsman ahead of time for prearranged bail bond service. This will get you in and out of jail much faster.

If a person is arrested under the influence of drugs or alcohol, they will not be eligible for booking until they’re sober, and they cannot get bailed out of jail until they are booked. Jails usually wait 6 to 8 hours before booking and intoxicated inmate into the system. So, you will need to wait at least six hours before even attempting to bail and intoxicated person out of jail.

Arraignment

The defendant’s first court appearance is called the arraignment. This is simply a court hearing to notify the defendant of their official criminal charges, generally read by the judge, and allow the defendant to plead guilty or not guilty to their charges.

Preliminary Hearing

Depending on whether a defendant is facing state or federal level charges, charges may be brought against them either through a “bill of information” secured through a preliminary hearing, or grand jury indictment. States can use either process, while the federal government uses grand jury indictments. Basically, a preliminary hearing (or in a federal case, grand jury) is held to establish that enough probable cause exists to pursue criminal charges against the defendant. During this hearing, both sides question witnesses, present evidence, and make their arguments. Preliminary hearings are also called preliminary examinations. In the case of grand jury, only the prosecutor is heard.

Pre-Trial Motion

A pretrial motion is held right before the trial. It is intended to give both the prosecution and defense attorneys an opportunity to resolve any lingering issues, and confirm which pieces of evidence will and will not be admissible at trial.

Trial

At the trial, a judge or jury will find a defendant guilty or not guilty. Since the prosecution is the party that holds the burden of having to prove the criminal case, they are responsible for proving beyond a reasonable doubt that is the defendant guilty of the charges being brought against them. During this hearing, you can expect opening and closing statements, cross examinations, witness testimonies, and ultimately a verdict. When mistrials declared, they happen during pretrial motion hearings.

Sentencing

After the trial, the defendant will then attend their sentencing hearing. During this hearing, the judge and jury panel will decide which punishments are appropriate for their particular criminal conviction, and then the judge will officially sentence the defendant to those penalties. Such penalties can include fines, committee service, jail time, and more.

Appeal

In the case that a defendant believes they were wrongly accused or convicted, they can choose to file an appeal and applet court. This means that their criminal case will be reviewed by a higher court, one that may decide to reduce or reverse their conviction if they find any errors or unconstitutional elements that took place in the case.

Are you looking for a qualified and skilled criminal defense lawyer who will fight your criminal charges and keep you out of jail? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense.

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Current News on the Decriminalization of Marijuana

Posted on July 15, 2021 by admin

Currently in Indiana, and under federal law, marijuana consumption, possession, distribution, trafficking, and cultivation are all illegal, and punishable by jail time, fines, and much more. Although several states within the country have decriminalized marijuana on local and state levels, marijuana continues to be against the law in the eyes of the federal government. However, Senate Democrats have recently unveiled a new bill that would decriminalize marijuana on a federal level.

Continue reading to learn some facts regarding the current news on the decriminalization of marijuana, as well as what you need to do right now if you are facing marijuana drug crimes in Indiana.

Indianapolis Marijuana Crime Lawyers 317-636-7514

Facts About the New Federal Marijuana Decriminalization Bill

Yesterday, Wednesday, July 14th, Democratic Leader Chuck Schumer and Senators Cory Booker and Ron Wyden led the unveiling of the new Federal marijuana decriminalization bill. Although this new draft does not legalize the sales and distribution of cannabis products and marijuana itself, it does decriminalize it by ending federal enforcement against marijuana crimes.

During the unveiling of this new potential bill, Sen. Cory Booker pointed out that in 2019 alone, there were more arrests for minor marijuana offenses than there were for violent crimes. Ultimately, the Democrat’s mission is to in the war marijuana.

How the Bill Can Help

Senate Democrats suggest that this could be monumentally advantageous to our economies, and as a state in whole. According to Sen. Ron Wyden, the passing of this bill would help generate revenues that would be directly applied to the support and restoration of those whose lives were affected by the war on drugs.

Democratic Leader Chuck Schumer stated that many of these outdated federal laws, such as the one on minor, non-violent marijuana crimes, significantly impact people’s lives in a negative way, holding them back from employment opportunities, good income, good credit, and simply being able to live a normal life.

In addition to promoting leniency against minor marijuana offenses, this new bill also pushes for justice for minority groups.

There are Many Who are Opposed

However, there are some opposed to this new potential marijuana decriminalization bill. For instance, Luke Niforatos with Smart Approaches to Marijuana insists that if this bill were to be passed, it would be harmful to our society. He strongly believes that this idea of decriminalizing marijuana is aligned with the same type of company missions created by tobacco, alcohol and big Pharma, stating, “It’s invested in by tobacco, alcohol and pharma — the drug is much more potent and much more addictive than it’s ever been (…)”.

Will it Pass?

If this bill were to pass, it would decriminalize marijuana on a federal level, but still allow states to keep marijuana illegal on a state level. In addition to legislation removing marijuana from the list of federal controlled substances, thus allowing cannabis-based business to be eligible for banking, as well as regulate and tax all marijuana sales.

Upon the passing this bill, marijuana sales up to 10 ounces for individuals 21 and older would be permitted. Furthermore, there would also be criminal expungement rights to seal or destroy criminal records for those who were charged and convicted with a minor or non-violent marijuana offense in the past.

In order for the new federal marijuana decriminalization bill to be passed, at least 10 Republicans must be in agreements and vote for the bill to move forward. It is very likely that this bill will see more revisions before it is officially introduced.

Current CBD and Marijuana Laws in Indiana

Currently in Indiana, possession of just a single marijuana joint is punishable by up to one year in jail and a fine of up to $5,000. Our state is one of the few state’s left that still imposes imprisonment penalties for minor and nonviolent marijuana offenses.

CBD oils and vape pens have been legal in Indiana since 2018, when Gov. Eric Holcomb legalized low-THC CBD derived from industrial hemp. There are now many CBD stores and retailers all across the state that sell a wide variety of CBD-based products, legally. So long as a CBD product meets certain labeling requirements and has 0.3 percent or less THC content, it is perfectly legal under state and federal law.

Are you currently facing misdemeanor or felony marijuana charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned marijuana crime lawyer in Indianapolis, Indiana. Get started on your drug crime defense now!

You Should Also Read:

Marion County Grants Legal Leniency for Minor Marijuana Offenses
Is it Legal to Buy Marijuana in Illinois and Bring it Back to Indiana?
Can I Buy Marijuana in Michigan and Bring it Home to Indiana?