Facts About Police Stops and Pat Downs

Posted on May 14, 2021 by admin

When a police officer decides to pat you down or frisk you, are they within their rights in all cases? Are they allowed to stop and frisk at their own discretion? Without any merit? Continue below to learn what you need to know about cop stops and pat downs, including how to defend your criminal charges if you were just arrested after a similar police encounter.

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Detention and Search

What’s commonly referred to as a stop and frisk is also known as a detention and search. Because of the Supreme court decision handed down in the Terry versus Ohio (1968) case, they are also called Terry stops or Terry frisks. No matter the moniker, this type of police encounter occurs when a cop decides that a person might be committing, or has recently just committed a crime and asks them to stop and answer some questions. This is the detention part, which is not the same as being under arrest (Fourth Amendment). As for the search, police officers will pat a person down to check for illegal drugs, weapons, contraband, or paraphernalia.

Police Officers Must Have Probable Cause

Cops are not permitted under law to stop just anyone they want at any time for no reason at all. Police officers must have probable cause to stop and question a person. To arrest them, they must have probable cause or a warrant. Probable cause can mean a lot of things, including evidence, witness statements, and suspicious behavior. This means that cops can find probable cause at their own discretion.

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. Upon being stopped by a police officer for reasons of suspicion, you can expect a pat down to follow, as this is normal procedure to check for threats or weapons.

If a cop detains a person without reasonable cause, the arrest and charges would be inadmissible in court.

Am I Free to Go or Not?

If a person is stopped by police for questioning, whether or not they are free to leave depends on the cop’s behavior and communication. If a cop is touching you, has their weapon out, or using a harsh tone of voice, then you are NOT free to leave. In these situations, you are being detained by police and cannot leave at your own discretion.

Confused? Don’t be. Typically, you will just feel it; you will know that you are or are not allowed to stop the conversation and walk away from a cop who is questioning you. If you ask the cop if you are free to leave and they answer yes, then you can end the discourse and walk away without repercussion.

Are you facing Indiana criminal charges after being stopped by a cop on the street? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive Indianapolis Indiana criminal defense you can afford.

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

Should I Hire a Lawyer to Expunge My Criminal Records?

Posted on May 11, 2021 by admin

Because the criminal record expungement process is so complex and requires a concentrated approach, it is necessary to hire a criminal defense lawyer to navigate your petition if you want successful results. Continue below to learn some important facts about Indiana criminal record expungement and sealing that will help you better understand the importance of retaining professional legal assistance and teach you how to get started.

Criminal Expungement Lawyer Indianapolis Indiana 317-636-7514

Criminal Record Expungement Law

Indiana’s Second Chance law (IC §35-38-9) was enacted on July 11, 2013. It permits the permanent sealing of a criminal record from public access or view. Although the general public cannot access or view an expunged criminal record, some parties can, such as the government and law enforcement officials. Those who cannot include current employers, potential employers, landlords, banks, college admissions offices, credit card companies, dating partners, coworkers, family, friends, and similar types of private, non-governmental parties.

Expungement Process

There are various stages of the criminal record expungement process, all of which your skilled defense lawyer will navigate for you. But here is a basic breakdown:

☑ Gather all necessary documents and evidence needed for the petition.

☑ Complete the expungement petition and submit it by the required deadline.

☑ Continue to file all remaining documents and copies with the proper county clerks’ office.

☑ Satisfy all filing fees. You may choose to fill out and submit a fee waiver that would excuse you from paying any filing fees.

☑ Receive a case number and court date.

☑ Attend the hearing and complete the argument for expungement.

Criminal Record Expungement Costs

How much does it cost to expunge or seal criminal records in Indiana? Well, it all depends on the lawyer you choose, their personal fees, and the complexity of your case. Lawyer fees generally start at $1,000 or so, and then you might also have to pay filing fees and related costs. There is no fee to submit the actual expungement petition, however.

Why You Need a Lawyer to Help With Your Expungement Paperwork

The process that is required of the petitioner for record sealing or expunging is highly complicated, and revolves around a stringent schedule that’s difficult to follow. One little filing mistake or missed deadline, and a person loses their chance at sealing their public criminal history forever. For these reasons, it is imperative to retain the professional legal counsel of a licensed attorney that’s familiar with the Indiana expungement laws and provides services for filing and petitions.

Are you looking for a qualified criminal defense lawyer who can help you with your petition? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation and get your Indianapolis Indiana criminal record expungement appeal started.

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What to Do if You are Facing Felony Assault Charges in Indiana

Posted on April 29, 2021 by admin

If you are facing felony assault and/or battery charges in Indiana, there is no time to waste. You must get started on your defense as soon as possible if you want a chance at avoiding the maximum penalties, including jail time. Continue reading to learn what to do and how to protect yourself after being arrested or indicted on felony assault charges in Indiana.

Indianapolis IN Assault and Battery Lawyers 317-636-7514

What is Assault and Battery?

The crime of Assault and battery is considered a violent criminality in our state. “Assault” denotes the threat of violence, whereas “battery” refers to “offensive, angry, or insolent” physical contact. Both are highly reprimanded crimes in Indiana, and those convicted could face serious life-long consequences.

Assault and Battery Charges in Indiana

If you are currently dealing with assault and battery charges, time is not on your side. It is crucial to take immediate action and hire professional legal counsel since the side of prosecution is already building their case against you. For this reason and many more, it is vital to hire an Indianapolis criminal defense law firm as soon as possible to protect your rights and preserve your freedoms. Because such charges are so serious, and come with a harsher level of penalties, it is necessary to invest in private criminal defense. It is not wise to take a public defender if you are facing a felony conviction.

Who to Trust for Indiana Criminal Defense for Assault Charges

David E. Lewis, Attorney at Law, is the tough and aggressive assault and battery attorney you need to protect your future and get you the fairest possible outcome for your case. You can trust him to defend your rights and guide you through the Indiana criminal process, all while keeping your personal best interests in mind. His years of experience and heightened knowledge of criminal law will be your primary defense weapon against over-penalization and jail time.

Ready to get your defense started? Contact the Law Office of David E. Lewis at 317-636-7514 and schedule a free case evaluation to discuss possible defenses for your felony crimes assault and battery charges in Indiana.

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Indiana Laws Regarding Knives and Blades

Posted on April 22, 2021 by admin

Whether you’re a hunter, Boy Scout, fisherman, or simply a weapon enthusiast, it is important for you to understand the laws surrounding knife ownership, concealment, and possession here in Indiana. Regardless of our Second Amendment rights, one can still be in violation of these laws, even without knowing it.

Continue reading to review the top Indiana laws regarding knives and blades, and who to call if you were recently charged with the knife offense.

Indianapolis Indiana Criminal Defense 317-636-7514

Knife Laws in Indiana

There are various laws that regulate the ownership and possession of knives and blades in Indiana. Everything from how long the blade is allowed to be to where you’re allowed to carry it, and everything in between, knife laws are very serious in our state. If you are caught in violation of any knife laws, you could face certain penalties, such as fines and repossessions, or perhaps even criminal charges if the offense is particularly serious. Some knife violations are actually felony offenses, which can lead to jail time and much more.

Here are the knife facts you need to know in Indiana:

Switch Blades

A switchblade knife is a knife that has a button on the handle, and when you push it, the knife opens up with the spring action. Here in Indiana, switchblade used to be legal, until 2013 when they were allowed to be sold and possessed once again.

Knife Concealment and Length

Although some states have laws regulating how long blades are allowed to be an laws that require concealment when carrying a knife, Indiana does not have any laws like this. You are not legally required to conceal your knife when carrying it in public, nor are you limited to how long you want your blade. Many knife enthusiasts here in Indiana alone machetes, swords, and similar collectible pieces, and it’s perfectly legal.

Concealment Exceptions in Indiana

Although you don’t have to have your knife concealed or partially concealed when clipped to your belt or pants, there are some exceptions to this leniency. You are not allowed to carry or reveal a knife on school property, school buses, nor in airports, courthouses, or any of the places where it states that it’s strictly prohibited. Under Indiana Code 35-47-5-2.5, violating these laws would be a Class B misdemeanor.

Reckless Behavior and Violent Crimes

Here in Indiana, use of an edged weapon of any kind in a way that is violent, aggressive, or threatening is illegal and a felony.

Detachable Blades

Knives with detachable blades also have strict regulations. According to Indiana Code 35-47-5-2, you cannot display, possess, manufacture, or sell knives with detachable blades. The charge for this offense would be a Class B misdemeanor.

Chinese Throwing Stars

Chinese throwing stars are illegal in Indiana. You cannot own, sell, or manufacture Chinese throwing stars in our state, nor any weapon with blades placed at different angles. The penalty is a Class C misdemeanor. Indiana Code 35-47-5-12

Were you convicted of misdemeanor or felony weapons crime? Contact Attorney David E. Lewis at 317-636-7514 for superior Indianapolis IN criminal defense that will reduce or dismiss your criminal charges, and avoid jail time. We offer free initial consultations.

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What are My Constitutional Rights After Being Arrested?

Posted on April 19, 2021 by admin

Whether guilty or innocent, your constitutional rights should be your top priority after experiencing an arrest. This applies whether you are physically arrested on the spot or have just received notice of an arrest warrant. Continue reading to learn exactly what your constitutional rights are during the criminal justice process, and how to find skilled and aggressive criminal defense in Indiana.

Constitutional Rights and Amendments

Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. They include the 4^th Amendment, 5^th Amendment, 6^th Amendment, 8^th Amendment, and 14^th Amendment.

The 4th Amendment

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

The 5th Amendment

The 5th amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves: “nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment

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

8th Amendment

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime. “(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

14th Amendment

The 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity. “…nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Do you want to avoid the maximum penalties and jail time for your current or pending criminal charges? 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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Does Your Indiana Criminal Defense Case Involve Aggravating Factors?

Posted on April 14, 2021 by admin

What are aggravating factors? If you were recently arrested in Indiana, and your criminal charges involve aggravating factors, you need to read this. Continue below to learn what you want to know about your aggravating factors, including what they mean, how they can impact your ultimate judgement, and how you can build a strong and impactful defense against them.

Indianapolis Indiana Criminal Defense Lawyers 317-636-7514

Aggravating Factors

Aggravating factors are specific facts and elements involved in your alleged offense that can make your criminal charge more serious. Ultimately, if the judge or jury finds that your criminal charges do in fact involve aggravating factors, your sentence and subsequent penalties will be harsher than if your case did not involve aggravating factors. Here’s an example: Jeff was arrested for selling drugs. The location in which he was caught by law enforcement trafficking illegal drugs was within 50 yards of an elementary school. Because his offense took place within close proximity to the school, this element would be considered an aggravating factor.

In another example, if a person were to commit the crime of assault and battery against a person, Indiana statutes would penalize them with a Class B misdemeanor. However, if their offense caused the opposing party bodily harm, it would be considered an aggravating factor to the case, and their criminal charges would be increased to a Class A misdemeanor. In the same example, if the offender used a weapon against the victim, such as a baseball bat or even a beer bottle, it would be considered another aggravating factor, so the criminal charges would be increased to a Class C felony.

Mitigating Factors

Do not confuse aggravating factors with mitigating factors. Mitigating factors, also known as extenuating circumstances, are the opposite of aggravating factors because instead of increasing the severity of the charge, they reduce it or suggest the opportunity for leniency. For example, if a person is arrested shoplifting at a store to satisfy a substance abuse addiction, their criminal charges might be reduced if they agree to alternative forms of sentencing such as drug rehabilitation. This element would be considered a mitigating factor to their case.

Are you facing aggravating factors in your current or pending criminal case? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal defense lawyer who cares about your freedoms.

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Read This if You Were Arrested But Not Convicted in Indiana

Posted on April 9, 2021 by admin

Quickly answer these questions:

⇛ Have you ever been arrested in Indiana?
⇛ Were you not convicted after your arrest?

If you answered yes to both of these questions, you will be thrilled to hear that you are likely eligible to have that arrest record expunged from your criminal history. Continue reading to learn more about Indiana criminal record expungement, and how to get started on your petition today.

An Arrest Doesn’t Have to Be a Part of Your Past Anymore.

Get to Know Indiana Criminal Record Expungement

Criminal Record Expungement in Indiana

Also known as the Second Chance Law, Indiana criminal record expungement legislation now allows past offenders, even many of those who do have convictions, to destroy or seal their arrest records from the general public. What does this mean for you? Well, those who clean up their criminal record have better quality lives because they are more eligible and qualified for job opportunities, promotions, professional licensing, international traveling, education opportunities, rental and housing opportunities, and so much more. In fact, you’d be surprised to learn just how much a criminal record can hold person back from having a better quality of life.

So how you get started on criminal record expungement in Indiana?

You first have to hire a criminal defense lawyer who is well-versed in the Indiana second chance Law and all subsequent legislation changes and modifications. Not only is the law complex, but the application process for criminal record expungement or record sealing is very complex. Furthermore, even one small error, such as a misspelled word or a missed deadline, will eliminate you from being eligible for expungement because you applicants can only petition once. A second petition won’t even be glanced at.

Arrested But Never Convicted?

If you are arrested under suspicion of committing a crime, but the arrest never led to a conviction, you are in a good position to apply for criminal record expungement in Indiana. Usually, these types of cases are granted much faster than those with convictions. Even if your conviction was vacated, or you had an order of protection placed against you, you are still eligible for Indiana’s Second Chance Law. The only catch: you have to wait one year from the date of your arrest. For many, the arrests they wish to eliminate from their criminal record happened years ago; if this is like you, you are already eligible to get started on your petition.

Are you interested in learning more about your criminal record expungement eligibility? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation, today. We specialize in criminal record expungement legal assistance, and our services start as low as $850!

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What You Need to Know About Receiving a Notice of Deposition

Posted on April 7, 2021 by admin

Did you just receive a notice of deposition in the mail, and you have no idea what it means or what you should do next? If so, you are just like millions of other deponents who have stood where you are standing now. There is no shame in being confused or scared about your obligation to fulfill your deposition duties. By preparing yourself ahead of time, which involves understanding what to expect and how to cooperate, you can ease the anxiety you might feel about being a testifier in a criminal court case, plus ensure a successful experience.

Continue below to learn what you need to know about receiving a Notice of Deposition, and where to find trusted criminal lawyer advice in Indianapolis, Indiana.

Indianapolis Criminal Trial Lawyer 317-636-7514

Why Did You Get a Notice of Deposition?

There are a few different reasons why courts use Notices of Depositions. The most likely reasons why you have received one is because the courts want to know what you know, and/or preserve your testimony for use later on, either for the actual trial or when motions are filed with the court. The authority who sent you the Notice of Deposition wants your official testimony because they think it will help prove their case. Even if you are not a party to the case, the Indiana Rules of Trial Procedure makes it legal for the parties involved to call upon the testimony of any person within 20 days of the commencement of the case.

How to Prepare for Being Deposed

You will be asked a series of questions, and expect to answer them clearly and in detail. So, prepare mentally for this interrogation-like setting. To best prepare, you should hire a defense lawyer to help you understand what to expect and how to behave during your deposition. Furthermore, they can defend you in the case that you are wrongly targeted or cornered into doing something you are not comfortable doing.

Here are some additional tips for a successful deposition:

⚖ Be Entirely Honest. Prior to giving your testimony, you will be sworn in under oath. For this reason, you do not want to lie or embellish about anything, as you could be found guilty of perjury, which comes with a lengthy punishment sheet. Be truthful with your answers, and simply answer, “I am not sure” if you do not know the answer.

⚖ Take Your Time Answering. Do not just blurt out your answers off the top of your head. The written court transcript does not show time lapses between the question and the given answer, so you can take as much time as you need. Think carefully about your answer, and do not use “uh-huh’s” and short, one-word answers. Be throughout.

⚖ Only Answer the Given Question. You do not want to offer more information than what was asked of you. Do not volunteer extra information; only answer the question that was asked. Furthermore, only answer what you actually know. Do not try to fill-in pieces of information, no matter how arbitrary or unimportant it might seem to you. Be clear, honest, and precise with your answers.

Are you looking for a trusted criminal lawyer for help with your deposition or legal case? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation with an aggressive Indianapolis criminal defense lawyer who can defend you against wrongful prosecution.

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Can I Change Criminal Defense Lawyers?

Posted on March 24, 2021 by admin

Before notifying your lawyer that you are dropping them from your case, there are some things you should do first. Continue below to learn which steps to take when you are ready to change criminal defense lawyers, as well as how to determine that you have hired the right attorney for your criminal case.

Changing Lawyers in a Criminal Defense Case

Start by reviewing your contract or retainer agreement to see if there are notes addressing the steps to take to terminate the lawyer-client relationship. Keep in mind that your new attorney may want a copy for themselves. Also, look for new lawyers before you officially terminate ties with your current lawyer. This can help make the transition process more efficient.

Once you find a new lawyer, you are ready to fire your current one. You can do this by sending a certified or registered letter that plainly states you are ending the lawyer-client relationship, and that your lawyer is to stop working on any pending matters immediately. Avoid going into detail, and keep the message clear and to the point.

Be sure to request all of your files in the letter as well. Or if you prefer, instruct that they cooperate with your new lawyer in transferring all files over. If you have paid your lawyer any fees in advance for work that has not yet been done, you should also ask for a refund. You will also need to request an itemized invoice of any pending fees or payments.

How to Find a Good Criminal Attorney

One of the most important qualities to look for in a criminal defense lawyer is experience. Experience speaks to their level of knowledge in the field of criminal law, as well as their dedication to their practice. Also, a crime lawyer’s reputation is important to consider because you want to know how they treat their clients.

Reading testimonials and reviews from past clients is a great way to grasp an attorney’s character and performance. Furthermore, you need a criminal defense attorney that knows what they are talking about, and is well-versed in your state’s laws surrounding crime. A knowledgeable criminal lawyer has the intellect to build a strong defense on your behalf.

Are you facing criminal charges and wish to reduce or dismiss them in Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation with an aggressive Indianapolis criminal defense lawyer who cares about your rights and your freedoms.

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What to Do if You are Charged With a DUI Felony in Indianapolis

Posted on March 19, 2021 by admin

The Law Office of David E. Lewis provides aggressive criminal defense for felony drunk driving charges in Indianapolis, Indiana. Our reputable criminal defense law firm retains the resources, skills, experience, and determination to reduce or dismiss your Indianapolis DUI charges! Continue below to learn more about the possible penalties for felony DUI convictions in Indiana, and what you can do to ensure your rights are protected and your freedoms are preserved after a serious drunk driving arrest.

Indianapolis Felony DUI Lawyer 317-636-7514

Possible Penalties for a Felony DUI in Indiana

Felony drunk driving charges are very serious offenses in Indiana. Not only does a defendant face time in jail, but they may also lose driving privileges, child custody, student aid benefits, employment, job promotion, rental housing, and much more. For these reasons alone, it is critical to have the leadership and expertise of a skilled criminal lawyer on your team following a DUI felony arrest in order to protect your rights and preserve your freedoms. A skilled criminal defense attorney like David E. Lewis will prevent your constitutional rights from being violated throughout the adjudication of your drunk driving case.

Criminal Defense for Multiple DUI Arrests

Second and third DUI offenses, as well as multiple DUI offenses, are all classified at various Levels of Felonies in Indiana. But with the help of Attorney David E. Lewis, you have a much stronger shot at getting your charges reduced, or entering into an alternative sentencing agreement. Don’t risk your future and quality of life by hiring any felony DUI attorney. Trust only David E. Lewis, Attorney at Law, to fight for your rights and protect you from over-penalization.

Breathalyzers and Field Sobriety Testing

The most important evidence collected by law enforcement at the time of a DUI arrest is a driver’s blood alcohol concentration (BAC). In Indiana, the legal limit for blood alcohol is 0.07 percent. This means anyone caught driving with a 0.08% BAC is subject to DUI charges and subsequent penalties. When you are facing DUI charges in Indiana, David E. Lewis, Attorney at Law, can build you a tough defense to get you the best possible outcome in court. He understands the urgency behind preserving driving privileges, employment, and more.

Are you in need of aggressive and skilled DUI defense in Indianapolis, Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation and learn more about your DUI felony, today. We represent all types of DUI’s in Indiana.

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