Is Prank Calling a Crime in Indiana?

Posted on March 2, 2022 by admin

We’ve all been there at some point in our childhood. Prank calling is almost an expected milestone of growing up. But can it come with some unexpected consequences? Continue reading to learn how prank calling can go from an innocent and playful trick to an actual Indiana crime.

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Harassment Laws in Indiana

Although prank calling is a common practical joke, it can be taken too far. In such cases, criminal charges can be filed against the caller in Indiana. Harassment is the most common and likely criminal charge that can arise from a prank calling situation. However, there are some other criminal charges that a person can face, such as disorderly conduct, hate crime, and even wiretapping. Criminal charges and subsequent penalties for prank calling will vary among jurisdictions.

Harassment

One can be charged and convicted of harassment as a result of prank calling activity if their calls are late at night, incessant, derogatory, aggressive, sexual in nature, or threatening. The scale on which the law categorizes and penalizes prank call harassment will vary from county to county.

Disorderly Conduct

If a person disrupts the peace of the community or behaves in a way that is alarming or threatening to others, they can be arrested and charged with disorderly conduct. Most disorderly conduct charges stem from drunk or drugged situations, but prank calling in a way that causes fear, anxiety, and/or discomfort can lead to such legal consequences.

Hate Crime

In the case that prank calling activity involves derogatory remarks, sounds, and impressions pertaining to race, nationality, ethnicity, religion, gender, sexual orientation, or disability, a caller could face hate crime criminal charges. These are serious criminal charges that often come with severe penalties, like heavy fines and jail time.

Wiretapping

Wiretapping criminal charges are on more of a white-collar crime level. If prank calling involves recording the conversation without the mark’s knowledge, and therefore, consent, the caller could be charged with wiretapping. Wiretapping is a felony, which renders heavy fines, community service, and jail time.

Did some prank calling get you or your kids in trouble with the law recently? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

Criminal Attorney David E Lewis Indianapolis Indiana 317-636-7514

What to Do if You Were Falsely Accused of Domestic Violence

Posted on February 23, 2022 by admin

Domestic violence in a serious crime, and unfortunately, a prevalent one all across the Nation. However, not everyone suspected of or charged with domestic violence is guilty. If you have been falsely accused of domestic violence in Indiana, it is in your best interest to assume a strong and impactful defense to protect your rights and preserve your freedoms. A domestic violence conviction stays on your record, and can have lasting, if not lifelong negative effects on your quality of life.

Continue reading to learn what you need to do to protect yourself from being wrongly convicted of a domestic violence offense in Indiana.

Domestic Violence Lawyer Indianapolis Indiana 317-636-7514

Domestic Violence Accusations are Serious

If you have been accused of domestic violence, take it seriously. Many people are falsely accused and ultimately, wrongly convicted of domestic assault or battery, which results in lasting, lifelong consequences. You must act fast and hire a licensed and aggressive Indiana criminal defense lawyer who can fight your charges and prove your innocence beyond any doubt.

Divorce and Child Custody Matters

False domestic violence reports commonly arise during divorce and child custody matters. One party may attempt to tarnish the reputation of the other for the purpose of gaining assets or winning child custody. Then again, fake domestic violence accusations are often made simply out of spite or revenge. Anyone can fall victim to a phony domestic violence accusation, which is why it is important to educate yourself on how to remain protected against such false charges.

Mistakes Made By Responding Police

Often times, domestic violence arrests and subsequent charges arise due to law enforcement error. The police officers who respond to the scene of a potential domestic violence dispute can possibly make a miss call or use poor judgment, and as a result, arrest the wrong person. This often happens when it’s one person’s word against the other. In such cases, it is important to use the highest degree of respect and cooperation. Attitude, anger, or belligerence can result in an arrest, whether you’re guilty or not.

Penalties for Making Untrue Domestic Violence Claims

Anyone who falsely accuses another person of domestic violence by filing an official report with police will face serious penalties if caught further deception. Not only will they face potential criminal charges, but upon eviction, they may face heavy fines and jail time.

Were you been falsely accused of a crime and now you are facing criminal charges as an innocent victim? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What Should I Do if I Get Pulled Over By Police?

Posted on February 18, 2022 by admin

At some point in your driving career, you are bound to be pulled over by police. It doesn’t mean that you’re guilty of a crime, or even suspected of one; but nonetheless, cop-stops and traffic violations do happen every day, so it is wise to be prepared and know how to behave if you ever look up and see those flashing emergency lights in your rear view mirror.

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Being Pulled Over is Not Always a Bad Thing

It is important to keep in mind that law enforcement is out there to protect us, even if that means from ourselves. So, when you see yourself getting pulled over by police, do not panic. It is very likely that they are pulling you over for something minor, such as a broken taillight. They might be pulling you over to help you with something, like an unscrewed gas cap or dangling license plate.

Courtesy and Cooperation Will Help Your Situation

In all cases of being pulled over by police, the most important thing to remember is that good behavior goes a long way. Whether you are guilty of something or not, if you are 100% cooperative and courteous to the on-duty officer, it is very likely that you will be treated with high regard and that your best interests (including your personal time) will be made a priority by them. Cops are ultimately here to help us and protect us, and if you let them do their job, your police encounter will go by a lot faster and end with a more desirable outcome, even if you are arrested.

Cop Stop Tips

If you are ever pulled over by law enforcement, whether driver or passenger, these are the steps that you need to remember and practice to the best of your ability:

▶ Pull to the Right. Pull over to the right shoulder of the road as soon as you know police are stopping you. Do not pull over to the left side. If you cannot access the right side of the road right away, drive a few feet longer, until you have adequate space to pull over.

▶ Stay Still. Do not move from your seat after stopping. Don’t even unbuckle your seatbelt or grab your purse. Remain perfectly still with your hands on the wheel while you wait for the officer to approach your window. You can reach for your car documents when the officer asks for them.

▶ Be Very Nice. Be polite and answer the police officer’s questions with respect. Although it is up to you on how truthful you want to be with them, the most important thing is that you speak to them in a respectful tone and courteous manner. Do not raise your voice, give attitude, show anger or frustration, call them names, or accuse them of anything. Do not be confrontational in any way.

▶ Oblige the Officer. Along with being respectful and courteous, it is important to oblige the officer by making him or her more comfortable. If it’s nighttime, turn on your interior cabin lights on so that they can see you. You can also do things like turn your car engine off and turn the radio down so that you two can converse more clearly. These little actions can work in your favor.

▶ Keep Conversation Short. It is important that you don’t speak too much when conversing with the police officer, especially if you are concerned that you might be guilty of a crime or have a warrant out for your arrest. It is better to say only what you need, answering the police officer’s questions directly and concisely, but not in excess. Talking too much could cause you to give up too much information, which could potentially incriminate yourself. More importantly, do not admit to any wrongdoing.

Where you recently pulled over by police and wrongly arrested for a crime, or you suspect that your rights were violated? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

Facts About Criminal Diversion Programs

Posted on February 15, 2022 by admin

Our judicial system, both on a state and federal level, offers relief to certain, qualifying defendants in the form of criminal diversion. Criminal diversion programs essentially redirect defendants away from the standard process of the criminal justice system, which typically involves conviction, sentencing, and possible jail time.

Continue reading to learn more about criminal diversion programs, including what they are, who may be eligible, and more.

Pretrial Diversion Lawyer Indianapolis Indiana 317-636-7514

Criminal Diversion Programs for Juveniles and Adults

When a person is arrested and charged with a crime, they will eventually face court hearings that likely involve trial, conviction, sentencing, and any subsequent court ordered penalties, such as fines and jail time. But when a person, a defendant, rather, is offered a diversion program opportunity, they will go on a separate, unique route, one that is more lenient in terms of short-term and long-term consequences.

Juvenile Diversion Programs

Both juveniles and adults may be offered diversion program admittance, but the scope of the programs will vary depending on county and district. Juvenile diversion programs are very common since they protect kids from enduring long-term consequences as a result of breaking the law. Juvenile diversion allows children and adolescent offenders who are deemed susceptible to rehabilitation to avoid the juvenile justice system altogether.

Pretrial Diversion

An adult diversion program, called pretrial diversion, may be offered to offenders who are deemed by the prosecution as having a likelihood of rehabilitation. Such programs vary in specifics from case to case, but generally re-route a defendant on a different path, separate from the standard criminal court process. Pretrial diversion programs are also referred to as pretrial interventions or agreements for deferred prosecution.

Diversion Programs are Optional

If you are offered a diversion opportunity, you are not required by law to accept it. They are 100% optional. However, most people choose a diversion program over the standard sentencing process because it keeps them out of jail and gets them off of probation quicker.

Qualifications for Diversion Programs

A judge or prosecutor may decide to offer a diversion program opportunity if they feel that the offender deserves sanctioning alternatives to revocation of professional licensing or certification, or if they believe it will decrease the chances of re-offending.

The courts may also decide to grant diversion opportunities if they feel that the case is minor enough, and therefore, does not warrant the spending of excessive prosecutive and judicial resources. In many other cases, diversion programs are used to set an example or as a form of restitution.

Are you interested in reducing or dismissing your minor 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.

What to Expect From Juvenile Court

Posted on February 8, 2022 by admin

A person is legally deemed a juvenile if they are under the age of 18. Although juveniles are also referred to as minors, a minor can also be someone who is under 21 years old and therefore, still prohibited to consume or purchase alcoholic beverages. If your pre-teen or adolescent was arrested, they will likely be prosecuted in the Indiana juvenile court system.

Continue below to learn what to expect when you enter the court room for your child’s case, plus how to best prepare your teen’s defense to avoid the maximum penalties for their charges.

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Delinquent Offenses Versus Status Offenses

Kids will be kids, but when kids break the law, they can be subjected to criminal penalties in the juvenile court system. There are two primary types of juvenile crimes: delinquent offenses and status offenses. Delinquent offenses are crimes that can be committed by children and adults, like driving without a license, vandalism, shoplifting, illegal drug use, assault, and battery. Status offenses are crimes that can only be committed by juveniles, such as curfew violations, truancy, running away from home, and underage drinking.

In most cases of status offenses, at least the minor ones, juveniles are often given the option to cooperate with a supervised probation and behavioral modification plan rather than going in front of a judge. In more serious cases of both status and delinquent offenses among juveniles, a child or teenager may be required to go to court and be adjudicated by a judge.

Juvenile Court Process of

When you enter juvenile court, you will see a lot of people present, but rest assure, they are there to serve a good purpose. You can expect to see your own criminal defense attorney, the prosecutor, the magistrate or presiding judge (or in some cases, a commissioner or referee), an intake officer, and possibly a probation officer.

▷ Initial Hearing – The first hearing is known as the initial hearing. This is when the juvenile is told what they are being charged with. During the initial hearing, it is imperative that you have a juvenile criminal defense lawyer present and working your case.

▷ Detention Hearing – If a juvenile is being detained by the Department of Corrections, their detention hearing should take place within the first 48 hours of arrest; but this does not include holidays or weekends.

▷ Waiver Hearing – If the prosecutor wants the judge to move the juvenile’s case from juvenile court to adult court, there will be a waiver hearing scheduled. Again, it is critical to have private criminal defense for your juvenile if a waiver hearing is set into motion.

▷ Fact-Finding Hearing – When witness testimonies are required for juvenile case, a fact-finding hearing will be scheduled in which the witnesses will tell the judge what they know about the case.

▷ Review Hearing – A judge will request a review hearing after juvenile’s conviction to see how they are doing with their progress, and court orders.

Juvenile Sentences

If a juvenile is sentenced for their offense, they are often put on probation, which can be either supervised or unsupervised, but in more serious cases, they can be sentenced to the Department of Corrections. for juveniles. Additional court ordered penalties that may be headed down to a convicted juvenile include community service, restitution, school attendance, rehabilitation, counseling, diversion programs, and house arrest.

A juvenile’s arrests and convictions stay on their permanent record even after they turn 18. However, these records may be eligible for criminal record expungement or record sealing. Talk to a trusted Indianapolis criminal defense lawyer to learn more about Indiana’s Second Chance Law if your juvenile has criminal record, or if you yourself have a criminal record from when you were a minor.

Juveniles Tried in Adult Court

If a child or adolescent commits a very serious crime, such as one in the realm of homicide, they may be tried in the adult court system. In such case, it would be critical to your child’s future to hire a skilled and aggressive Indianapolis Indiana criminal defense law firm to represent the case. This would be the best way for them to avoid the maximum penalties for the charges, including prison time.

Is your child or teenager facing criminal charges in Indiana and you have no idea how to protect them from a harsh future? 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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How to Switch From a Public Defender to a Private Criminal Lawyer

Posted on February 4, 2022 by admin

It is a common scenario experienced by thousands of criminal defendants all across the state of Indiana. Upon accepting public defense from the court, a defendant will quickly change their mind and decide that private criminal defense is the safer, more reliable route to take with their case. And they are all correct.

Continue below to learn why public defense is not the best choice for legal representation when facing criminal charges, plus how to switch from a public defender to a private lawyer if you also decide that your future and freedoms are too precious to risk.

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The Harsh Reality of Public Defense

Public defenders are real, board-certified lawyers. They are employed under a federal system or publicly-funded public defender’s office and assigned to defendants who cannot afford or wish to pay for a private attorney. After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a private Indianapolis criminal defense lawyer, out-of-pocket.

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more.

Not only do they do most of the work for a public defender, but they do also not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real concerns about their future.

The Easiest Way to Change Attorneys Mid-Case

If you feel like your public defender does not have the ability to fight your criminal charges and protect you against the maximum penalties, like jail and heavy fines, just let them go, but not before hiring a private criminal defense lawyer in their place. That’s all you have to do.

Just hire an experienced and skilled Indianapolis IN criminal lawyer, and they will take over for you, handling all tasks related to your legal needs. They will contact the public defender’s office or write a letter to the judge on your behalf, explaining why you wish to make the switch. This is not a responsibility you want to face on your own.

Are you unhappy with your pubic defender? Or have you changed your mind and want to switch to a more qualified law office? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

Can I Expunge a Low Level Non Violent Felony?

Posted on February 1, 2022 by admin

The New Indiana Second Chance Law really can give second chances to past offenders and those arrested on minor criminal charges. If you are facing a low level non-violent felony, you are in a good position to qualify. However, it is important to understand the stipulations that go along with the criminal record expungement process and possible outcome to felony-level petitions.

Continue below to review some important considerations and facts surrounding felony criminal record expungement, plus who to trust for reliable and affordable legal assistance.

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Criminal Record Expungement and Sealing for Felonies in Indiana

Felonies are divided up into 7 levels. Level 1 felonies are the most serious, while Level 6 felonies are the least serious. Murder is the highest felony, and in a category of its own. Level 6 felonies used to be called Class D felonies. This categorization is now outdated. Level 6 felonies are considered low level, even more so if they are non-violent.

In Indiana, Level 6 Felony convictions hand down a moderate to severe criminal sentence. Generally, one can expect to be sentenced to 6 months to 2 and a half years in jail, plus ordered to pay fines up to $10,000. Additional court-ordered penalties may also arise, such as house arrest, ignition interlock devices (IID), drug and alcohol rehabilitation, restitution, community service, and more.

Expunging or Sealing a Low Level Felony

Low level felonies may qualify for criminal record expungement or record sealing if they are non-violent, plus at least 8 years has passed since the date of your arrest or conviction, or 3 years has passed since you have completed your sentence. Talk to an Indianapolis IN criminal record expungement attorney to confirm your eligibility for felony expungement or sealing, plus commence your official petition.

What You Need to Do

In order to petition for criminal expungement or record sealing, you will need to satisfy some specific responsibilities of your own. First, you must officially complete all elements of your felony sentence. This includes fines, related costs, court fees, probation, community service, classes, and more.

Next, you will need to remain offense and arrest-free for at least 8 years following your conviction or arrest, or at least 3 years following the completion of your sentence. If you get in trouble with the law during that time, or have pending criminal charges, the clock starts all over again.

Last, you need to hire an Indiana criminal defense law firm that specializes in criminal record expungement services in Indianapolis. They have the knowledge and resources necessary to push your petition through, accurately and on time.

Are you looking for an affordable lawyer to help you with your expungement application process? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana.

Frequently Asked Questions About Jury Duty

Posted on January 27, 2022 by admin

Are you facing jury duty in Indiana? Perhaps you forgot to show up for your requested jury service? Either way, you are likely filled with questions, namely, whether you have to go. To clear up your concern or confusion, continue below to review some of the most frequently asked questions about jury duty. Then contact an Indianapolis criminal defense lawyer for more answers to your criminal law inquiries.

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FAQS About Jury Duty

What is the Age Requirement for Jury Duty?

The national age requirement to be an eligible federal court juror is 18 years old. Those over 70 years of age may request to be excused from jury duty.

How Did the Courts Get My Information?

It varies from state to state. Check with your county clerk’s office for information about how your city gets your information for jury duty. For example, in Indiana, they use the State’s voter registration and Supreme Court’s Jury List to find prospective jurors.

Is Jury Duty Mandatory?

Yes, jury duty is mandatory, and you must attend; however, it is not technically illegal for someone to fail to appear, so there are no criminal consequences.

What Happens if I Fail to Appear for Jury Duty?

If you fail to appear after receiving an official summons, there are no legal consequences or penalties. Instead, you will simply be placed back into the jury pool for future selection.

What Happens if I am Unable to Make My Jury Duty?

In the initial questionnaire (Juror Qualification Questionnaire), you are not yet being summoned. The actual summons will come at a later date, after the second questionnaire. When you get the second questionnaire (Federal Court Jury Service Questionnaire), you can list the dates you are unable to serve in Part 1, Question #7.

If you are unable to serve the majority of the one month term requested, you will need to fill out a hardship request form. If you cannot serve because of a medical condition, submit a Physician’s Statement with your initial questionnaire (Juror Qualification Questionnaire).

What is the Difference Between a Trial Jury and a Grand Jury?

Grand juries are different from trial juries because they are assembled in order to determine whether or not there is enough probable cause to persecute. They do not rule on guilt or innocence. In fact, grand juries only hear arguments from the prosecution, not the defense.

What Kind of Case Will I Be At?

Most cases are civil, but you may be at a criminal case. You won’t know anything until the juror introductory assembly.

I Served Jury Duty in a County Court Already. Why Am I Called for Jury Duty Again?

You must also serve in a federal court. Then you are exempt from jury duty.

I Already Filled Out a Questionnaire. Why Do I Have to Fill Out Another?

Sometimes the Federal Court Jury Service Questionnaire comes months after the Juror Qualification Questionnaire. And since your information could have changed in that time, they send a second questionnaire to confirm accuracy.

I Filled Out the Questionnaire, But I Forgot to Send it in Within the 10-Day Deadline. What Do I Do Now?

Just send it in as soon as possible. The courts understand people go out of town, vacation, or have other circumstances in their life, so there is no penalty, you will just be on a waiting list.

Are you afraid that you might be in contempt of court for not fulfilling your jury duties? Or do you have more criminal law questions that are unanswered? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for probation violations in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

What You Can Expect on Misdemeanor Probation

Posted on January 18, 2022 by admin

If you are facing misdemeanor criminal charges, you will likely be sentenced to probation if convicted. Probation is a serious court order that requires astute discipline and cooperation by you, the defendant. Just one broken rule or violation of your probation terms and conditions can get you into a whole other set of legal troubles, which does nothing more but impose more penalties and lengthen your time under the supervision of the law.

Continue reading to learn some basic information about probation, keeping in mind that cases vary from person to person depending on the unique circumstances of their criminal history, convictions, and more.

Misdemeanor Probation Violation Lawyer Indianapolis IN 317-636-7514

Misdemeanor Offenses Can Pose a Wide Range of Penalties

A misdemeanor crime is a lesser offense compared to a felony and cannot be punished by more than one year in jail according to federal law. However, misdemeanors still come with an extensive list of possible penalties if convicted. The types of penalties and the severity of punishment will vary from person to person depending on their criminal history.

While some will get off with minor penalties and setbacks, others may face actual jail time. Typically, judges prefer to sentence minor misdemeanor convictions with fines, community service, and probation, in lieu of incarceration. Fines can reach up to $5,000, and community service can range between 10 hours and over 100 hours, depending on the circumstances of the conviction.

You are NOT a Free Member of Society on Probation

Although probation is a tool used as an alternative to incarceration, a person is not technically a free member of society. Like all others, an individual on probation must adhere to all local, state, and federal laws; however, they must also obey a whole separate set of rules until their time is served. The rules of probation will vary from person to person depending on the nature of their conviction and criminal history.

Most often, individuals on probation are expected to remain in the state, maintain full-time employment, refrain from committing any further crimes, and stay out of contact with other convicted criminals. Those convicted of intoxication-related crimes will likely have to refrain from alcohol consumption, take drug and alcohol education courses, go to a victim impact panel, and even have their drivers’ license suspended.

Probation Officers are the Real Deal So Take Them Seriously

In all cases of probation, a person is assigned a “probation officer” who has the role of overseeing their case and supervising their progress. This is a real officer of the court who will request mandatory check-ins, usually month to month, or every other month, during which they may implement a routine drug screening and ask questions regarding their rehabilitation.

Any changes that may occur during a person’s probation period must be communicated with their assigned officer, including addresses, phone numbers, employment, health, and more. They might even have to ask their officer for permission to travel outside of the city.

If a person breaks a rule of their probation, their officer will immediately notify the judge who originally sentenced them, and the person will face additional criminal charges. If this happens, it is possible for a judge to revoke probation privileges and impose jail time.

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

Should I Plead No Contest if My Criminal Charge is Minor?

Posted on January 12, 2022 by admin

When facing criminal charges, minor or major, you will be required to make some serious decisions. Perhaps the most important decision you make is whether to hire a private criminal defense lawyer or accept a public defender to represent your case. Following your decision on legal defense, you will be expected to make many more. But the most important one at this point in the criminal process will be your final plea. Guilty and Not Guilty are pretty straightforward, but a no contest plea is a different plea approach that may be the best option for your case.

Continue reading to learn more about no contest pleas, how they differ from similar guilty pleas, and when you might benefit from it.

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A No Contest Plea is a Type of Guilty Plea

If you choose a no contest plea, it means that you are maintaining your innocence, while neither admitting to nor disputing the criminal charges. Also referred to as, nolo contendere, the phrase literally translates to “I do not wish to contend;” contend meaning to argue, resist, oppose, or challenge.

No contest pleas are similar to Alford pleas in that both do not admit guilt, but still accept the punishment under a guilty conviction. Under an Alford plea, a defendant is saying they are innocent, but will accept the guilty conviction and subsequent penalties. Under a no contest plea, a defendant is not admitting guilt nor claiming to be innocent.

Basically, a nolo contendere plea is an accepted alternative to pleading guilty or not guilty, both of which can render a separate risk of penalty. So, when would one use the no contest plea? The answer is complicated.

You Need a Private Lawyer

It is important to discuss your plea options with your defense lawyer. Hopefully you choose to hire a private criminal attorney in Indianapolis, as public defenders are overloaded with cases and cannot put much time or focus on a defendant’s case like a private lawyer can. If you want the best possible outcome to your criminal case, you will need private, personal defense.

With your lawyer, you can decide which plea is the best fit for your criminal circumstance. Each case is different, and everyone’s criminal history is different, so your best options will differ from the defendant down the street. In fact, you cannot just choose a no contest plea; in most states, defendants require permission from the courts first.

Potential Advantages of Pleading No Contest

In most cases, no contest pleas are worked into a plea deal offered by the prosecution. It is rare for a defendant to opt for a no contest plea on their own accord. Not only are they complicated pleas frequently misunderstood, but most defendants want to plea not guilty. And a no contest plea is essentially a guilty plea.

Although they are a type of guilty plea, pleading no contest can be beneficial for you when facing criminal charges, especially if the prosecution is offering it in a plea deal. Most often, plea deals are used to bargain, which is why they are also called plea bargains. Prosecution will offer a reduced charge or sentence in return for the defendant’s guilty plea, or in this case, a no contest plea.

The upside to this is that you can avoid jail time, save money on attorney and court fees, and protect your future liberties. You see, a no contest plea is a guilty plea, but it is not you admitting the guilt, so you are better protected down the line if a third-party wants to sue you in civil court. A no contest plea cannot be used in civil court as evidence of guilt.

Are you still unsure what you should do about your pending criminal charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!