What Does a Lawyer Do at a Preliminary Hearing?

Posted on December 7, 2020 by admin

When a person is arrested, the first court hearing they will have regarding their charges is called an arraignment, or first appearance. This hearing is usually held within 24 to 48 hours of the arrest, and generally takes place while the defendant is still detained in jail. The purpose of an arraignment is for a judge to explain the criminal charges to the defendant, allow the defendant to plea if they choose to, determine if they are eligible for bail or not, and assign a public defender to their case if they have not already hired a lawyer by this time. Once the defendant is bailed out of jail, another hearing is scheduled, which is often confused with arraignments. This following hearing is called an initial hearing, or preliminary hearing.

Continue reading to learn more about the facts surrounding preliminary hearings, including a defense lawyer’s role in it all.

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What to Expect at a Preliminary Hearing

A preliminary hearing is typically scheduled within 20 to 30 days of an arrest, and only lasts a couple of hours. It takes place in an open court with a judge, prosecuting attorney, and the defendant’s attorney in attendance. During this hearing, a judge determines whether or not the Prosecutor has enough probable cause to move forward with the criminal charges against a defendant. More or less, a preliminary hearing is an opportunity for the prosecution’s charges to be judicially reviewed and confirmed valid by the magistrate assigned to the case.

So, if this hearing is all about the prosecutor and judge, what does a criminal defense attorney do during this time? The answer is incredibly vital to the outcome of a defendant’s rights, freedoms, and future.

A Criminal Lawyer’s Role at an Initial Hearing

At the preliminary hearing, a criminal defense lawyer is already prepared to fight their client’s criminal charges. By this hearing, they have developed a strong and impactful case (if the defendant has hired a good lawyer, that is) that aims to dismiss, reduce, or further analyze a defendant’s charges prior to going to trial. They make sure that any charges brought against their client are not inadmissible, illegal, or without sufficient probable cause. During a preliminary hearing, a criminal defense lawyer will also work their professional magic by cross-examining witnesses, presenting their own evidence to refute the prosecution’s allegations, and set forth any relevant motions.

Preliminary hearings protect defendants from unjustified, false, or impractical charges by the prosecution. Without a private criminal defense lawyer working your case, you will not get the best possible outcome at your preliminary hearing.

A public defender simply cannot put in the time, attention, and effort into your criminal case like a private attorney can. Their case loads are too massive, and they have handfuls of cases they deal with in court each and every day. When it comes to serious criminal charges that can impact the rest of your life, and your family’s life, you want to hire an attorney, rather than be appointed one by the courts. The cost of a lawyer is worth avoiding jail time, and/or the maximum sentence for your criminal charges.

Indianapolis Indiana Criminal Defense You Can Truly Afford

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

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

How to Avoid Drinking and Driving This Thanksgiving

Posted on November 25, 2020 by admin

According to the National Highway Traffic Safety Administration (NHTSA), this holiday weekend historically has more vehicles on the roadways than any other time of the year. As a result, Thanksgiving weekend also happens to be one of the deadliest times of year, as the number of accidents and fatalities increase in parallel to the increase of cars on the road. Although there are several different reasons why so many more accidents take place around the last week of November, one of the top causes is intoxicated driving. Not only are there more people traveling on the road to reunite with friends and family for the holiday, but more people are also imbibing as a traditional way to celebrate the occasion.

Unfortunately, drinking and driving do not mix, and the seasonal car accident statistics reveal that all too well. If you plan on enjoying a few beers, cocktails, or glasses of wine over the holiday weekend, be sure you have rock solid plans for alternative transportation. In addition to potentially causing a car accident, driving under the influence puts you at a higher risk of being pulled over by police for a DUI.

Continue reading to learn some tips on how to avoid drinking and driving this weekend, and who to call if you are arrested for a DUI on Thanksgiving.

You Don’t Have to Drink and Drive on Thanksgiving

There is really no reason to drink and drive on Thanksgiving considering the fact that there are plenty of alternatives you can choose from, all of which are very affordable. As mentioned, driving under the influence, whether drugs, alcohol, or prescription medication, puts you at risk of causing serious car accident and hung yourself or worse, somebody else. Even if you feel like you’re perfectly fine to drive, or you only had a few, you still may be over the legal 0.08% BAC limit, and you may happen to pass by a DUI checkpoint.

If you are pulled over by law enforcement breathalyzer reads higher than the legal limit, you can be arrested and charged with DUI, which subsequently results in attorney fees, court fees, fines, community service, probation, and several other core over penalties, including possible jail time. Basically, drinking and driving is never worth it. Any alternative available to driving drunk is much cheaper than a DUI, and delivers a much better outcome than causing yourself or anyone else harm.

Tips to Avoid Getting Behind the Wheel This Thanksgiving Weekend:

?? Designate a Driver. If you know you’re going to be drinking at the place you are going to be eating and celebrating Thanksgiving dinner, simply plan ahead for a safe ride. Ask a friend or family member who will be attending to take you home after the celebration is over if they are someone does not drink alcohol. Or simply designate yourself as the sober driver by not drinking at all. You can also designate a ride-share driver for the job.

?? Use a Ride-Share App. Ride-sharing apps are all the rage these days, mostly because they are so affordable and convenient, but also because they save lives by offering a fast and inexpensive alternative to driving drunk. If you cannot arrange a ride ahead of time for your Thanksgiving celebrations, simply download a popular ride-sharing app, such as Uber or Lyft, to catch a cheap ride home. Compared to taxis, they are a fraction of the cost and only minutes away on demand.

?? Stay the Night. If you are celebrating Thanksgiving somewhere you are very comfortable or familiar with, such as a close relative’s home or friend’s house, plan to simply stay the night instead of driving home. Not only does this give you more quality time to spend with your loved ones this holiday, but it also takes away any pressure of waking up from that post-turkey nap! So long as you have a good 8 hours of sleep, plus a good breakfast, you should be safe to drive home in the morning.

Thanksgiving DUI Arrests Can Happen to the Best of Us

If you or a loved one is arrested on Thanksgiving for driving under the influence in Indianapolis, contact a criminal defense lawyer as soon as you are released from jail. The sooner you arrange legal representation, the more time your attorney has to save your driving privileges, as well as build you a strong case to avoid the maximum penalties for your charges.

An Aggressive Indianapolis DUI Lawyer You Can Trust

Call Attorney David E. Lewis at 317-636-7514 for aggressive DUI defense in Indianapolis, Indiana that doesn’t back down. Our licensed DUI defense lawyers will work around the clock to protect your rights and preserve your freedoms, including your driving privileges. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your defense!

What is the Difference Between Aggravating and Mitigating Factors?

Posted on November 20, 2020 by admin

It is common knowledge that magistrates of the court have extensive discretion when handing down criminal sentences. Although there are advisory sentences in almost all states, the judge has the ultimate say in how a convicted criminal will serve their sentence. But what sways the mind of a judge when deciding on how to sentence someone? What influences their final decision? Well, there are various factors that courts and judges use to determine a fair and fitting sentence for the type of conviction and particular person. Two of the most influential, however, are mitigating factors and aggravating factors.

Continue below to learn the difference between mitigating factors and aggravating factors, and where to turn for help with your pending criminal charges.

Indianapolis Indiana Criminal Defense 317-636-7514

Aggravating Factors are Not to a Defendant’s Advantage

Aggravating factors are any elements of a criminal case that make the crime worse. Basically, there are types of criminal offenses that are particularly reckless, careless, cruel, or otherwise heinous in some way. If a judge observes aggravating circumstances to your criminal case, it is not a good thing. Fortunately, you have wisely chosen to hire private Indianapolis criminal defense lawyer to protect your rights, minimize your penalties, and keep you out of jail. If you have a public defender, you are gravely at risk of being sentenced to the maximum penalties for your crime and all relevant aggravating factors. There are 11 aggravating circumstances decreed by statute here in Indiana.

Examples of Aggravating Factors:

✏ Having a history of criminal or delinquent behaviors

✏ Causing harm, injury, loss, or damage to another

✏ Knowingly committing a crime in the presence of children or minors

✏ Committing a crime after violating probation or parole

Mitigating Factors are Beneficial to a Defendant’s Case

Oppositely, mitigating factors are any elements or circumstances of a criminal case that lessen the severity of the offense. But similar to aggravating factors, there are 11 mitigating circumstances decreed by state statute. For instance, if a person committed a crime as a result of extreme provocation, has no history of criminal activity or delinquent behavior, or the crime did not result in bodily or property damage, a judge might consider these as mitigating circumstances.

To reach a sentencing decision, judges typically take into account the total number of mitigating circumstances versus any aggravating ones. However, they also consider the difference in weight. Depending on which factors outweigh the others, a judge will choose to reduce or increase a defendant’s sentence. With a seasoned criminal defense attorney on your side, you don’t have to worry about being sentenced to the maximum penalties for your charges. Be sure to hire one as soon as you are released from jail, or receive a notice of indictment.

Where to Get Trusted Indianapolis Criminal Defense You Can Afford

Can I Expunge My Arrest if I Am on Probation?

Posted on November 17, 2020 by admin

Depending on the state you live in, or the state your charges are filed in, the criminal process of expungement, including the statutes that surround it, will differ slightly. It is best to discuss criminal record expungement with a licensed attorney that has undertaken expungement law in their practice. Choose an attorney that is well-versed in your state’s new or changing expungement laws, and you can rest assure knowing your application is in good hands.

Continue reading to learn which factors can have your application for expungement denied, and whether or not you can apply while on probation for a previous crime.

Your Possible Eligibility for Arrest Record Expungement

There are several factors that influence whether or not a person is eligible for criminal record expungement. Primarily, the person has to be crime-free and arrest-free for a number of years, and at the same time, a certain number of years must pass from the date of the criminal charge they wish to expunge. Depending on the charge, crime, and extent of criminal record, the time that must pass will vary. Generally, it must be at least 5 to 8 years for misdemeanors and felonies in Indiana, but can be up to 10 years for more serious crimes. Again, these time obligations vary depending on the state the charges were originally filed in.

For more serious felony crimes, like sexual offenses or manslaughter, are never eligible for expungement. This does not vary from state to state. And to answer the original question of applying for expungement while on probation is no. If a person has pending charges or is on probation for a recent crime, they are not eligible for criminal record expungement, and must wait at least five years from the date of their last arrest before they become eligible again. But depending on the criminal charges, it could be between 8 and 10 years.

What You Need to Do First

It is best to speak with a licensed criminal defense attorney who specializes in Indiana appeals and expungement to learn more about your eligibility. They can evaluate your case and determine the best strategy for your defense. They will be able to facilitate the entire application process for you, correctly. You only have one chance to apply and be granted expungement, once you do so, you can never do so again. So, it is imperative to have an experienced criminal defense attorney help you through the process.

Where to Get Started With Criminal Record Expungement in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about expunging or appealing your arrest records in Indiana. He is prepared to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Is Weed Legal in Indiana?

Posted on November 11, 2020 by admin

With so many other states in the country making or having made specific amendments to legalize or decriminalize cannabis, it is no surprise that many United States civilians are having trouble keeping track of which states are on board and which are not. This is especially the case with the recent elections taking place. Continue below to learn the current weed laws in Indiana, and what you need to do if you are facing charges for marijuana right now.

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Weed is Not Legal in Indiana

Although states like Colorado, Illinois, Arizona, and even Washington have passed laws that allow medical marijuana, or legalized and decriminalized weed in some way, Indiana is not there yet. In Indiana, weed is illegal. In Marion County, on the state level, marijuana crimes have been decriminalized in some way, but that does not mean it is decriminalized on a federal level. Federal law always trumps state law in the case of question. And as for cannabis, it is illegal under federal law by way of the Controlled Substance Act.

Here in Indiana, marijuana possession under 30 grams is a Class A Misdemeanor, which is the most serious misdemeanor level. It is punishable by up to one year in jail, and up to $5,000 in fines. For crimes of marijuana sales, cultivation (growing), and trafficking, the charges jump to a federal level, and the penalties are much harsher.

Indiana Code 35-48-2-1, et seq.; 35-48-4-10, 11 – Marijuana Possession and Sales

⚖► Possession Under 30 Grams – Class A Misdemeanor; Up to 1 Year in Jail; Up to $5,000 in Fines

⚖► Possession Over 30 Grams – Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 3o Grams to 10 Pounds– Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 10 Pounds or More – Level 5 Felony; 1 to 6 Years in Jail; Up to $10,000 in fines.

Were You Arrested for Marijuana Possession in Indianapolis?

If you were recently arrested for a marijuana crime in Indianapolis, your most critical priority is to hire an aggressive criminal defense lawyer to fight your charges, and avoid conviction. Choose a skilled and experienced criminal attorney who specializes in Indiana marijuana drug crimes.

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. We understand just how unsettling a marijuana charge can be for our clients. We know drug crimes immediately affect several aspects of a person’s life, as well as their families.

Whether arrested for recreational possession or large-scale trafficking, we provide our clients with the most effective legal strategies and options in order to best resolve their legal issues and protect their freedoms. Case dismissals, reductions, and alternative sentencing agreements for marijuana charges are absolutely possible when you call David E. Lewis, Attorney at Law.

FAQS About Bankruptcy Fraud in Indiana

Posted on November 6, 2020 by admin

If you are planning to file bankruptcy in Indiana, be prepared to be investigated to a certain extent. That is because white collar crimes like fraud are all too common in bankruptcy filings, and must be prevented through comprehensive scrutiny. For this reason, bankruptcy petitioners are assigned a trustee who will look into their financial circumstances, including all assets, liens, loans, and more.

If you suspect that your recent bankruptcy filing might have been done incorrectly, and are now worried that you could be indicted for bankruptcy fraud, review these frequently asked questions to help clear up any confusion you might have.

Indiana Bankruptcy Fraud Attorney — A law book with a gavel – Bankruptcy law

What is Bankruptcy Fraud?

Bankruptcy fraud is a type of white collar crime that is penalized on a federal level, meaning it is a felony. Bankruptcy fraud occurs if a debtor A) hides their assets, B) lies or gives false information on their application, C) bribes a bankruptcy trustee, or D) is a habitual filer, and has filed many times in other counties. The most common action that leads filers to be charged with bankruptcy fraud is concealing, or transferring for the purpose of hiding, non-exempt assets from creditors or a trustee.

Will I Go to Jail if I Hide Assets During Bankruptcy Filing?

After a person is suspected by a trustee that they are hiding assets, or transferring them so they stay hidden, the trustee will begin to collect all evidence. From there, a civil lawsuit is filed against the person. Additionally, the person can lose their ability to file bankruptcy. In cases of more serious Bankruptcy Fraud, a person might be criminally charged by the U.S. Justice Department and the U.S. Attorney General’s office. If convicted, they can be ordered to pay up to $250,000 fines and spend up to 5 years in prison.

What Will Happen to Me if I Forgot to Include Something in My Bankruptcy Disclosure?

Because the process of filing bankruptcy is serious, it is important to do so with the help of a civil attorney. They will make sure all filings are done comprehensively and correctly. If you did yours on your own, but now fear that you forgot to add something, now would be the time to hire a civil lawyer for help with your application. They can set things straight for you in no time.

What Should I Do if I Am Charged With Bankruptcy Fraud in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana bankruptcy fraud charges, today. Whether charged with fraud crimes or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

Will I Be Pulled Over for Texting and Driving in Indiana?

Posted on November 2, 2020 by admin

Indiana’s Distracted Driving Law, Indiana Code 9-21-8-59, went into effect on July 1^st, 2020. Also known as the Hands-Free Law, this new state ordinance makes it illegal for a driver to type, text, or read their cell phones while operating a vehicle. Typing, texting, and reading includes all related cell phone actions, such as text messaging, sending/reading an email, typing into a search bar, entering in GPS navigation, and more.

If this new law seems confusing to you, continue reading to learn the facts you need to know to avoid being pulled over for being in violation.

Indianapolis Indiana Criminal Defense Law Firm 317-636-7514

Indiana’s Distracted Driving Law

What is Distracted Driving?

Indiana law defines distracted driving as any non-driving activity that can potentially cause a driver to lose focus of their primary task of operating a motor vehicle. Don’t think distracted driving is that serious? According to the U.S. Department of Transportation, in 2012 alone, over 3,000 victims lost their lives in motor vehicle collisions that resulted from a form of distracted driving.

So, what really dictates driving while distracted? There are several examples of such behaviors while driving, all of which can fall under visual distraction, manual distraction, or cognitive distraction. Visual distractions take a driver’s eyes off the road, while manual takes their hands off the wheel, and cognitive takes their mind off their task of driving.

Distracted driving examples include eating, rummaging through purses or bags, assisting children in the backseat, sending or reading messages on the phone, putting on makeup, checking or posting on social media, taking selfies, physical intimacy with a passenger, and any other action of electronic messages and written communications.

Exceptions to the Rule

There are exceptions to the Indiana Hands-Free law, however. Drivers are permitted to use their cell phone for emergency situations, such as receiving an urgent message, reporting criminal activity, or calling for emergency services. Drivers may also preset and listen to GPS navigation, talk on the phone, and play music from their phones. But drivers MAY NOT talk on their cell phones while driving through school zones.

Legal Penalties for Violating the Distracted Driving Law

Using the phone while driving is now against the law in Indiana, which means that anyone pulled over and cited for violating the state’s Hands-Free Law can face a variety of penalties depending on the specific details of their violation. Mostly, those who are found guilty of violating the Distracted Driving Law will face fines up to $500. For more serious situations, such as causing a car crash due to violating this law, violators face harsher penalties, possibly Class C misdemeanors and additional fines.

A Fair Warning to Avoid Criminal Prosecution

The Indiana Distracted Driving Law is considered a “Primary Law”, which means law enforcement can pull you over immediately and cite you, and for no other reason. If you are in possession of drugs, or have been drinking, the office can further investigate and arrest you at their own discretion. If you believe you were illegally pulled over and arrested in Indiana, contact an aggressive criminal defense attorney who will fight for your rights and preserve your driving privileges.

An Indianapolis Indiana Criminal Defense Attorney You Can Trust

Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indianapolis, Indiana. As an experienced and accomplished criminal defense attorney, he will build you an impactful and aggressive defense to beat or reduce your sentence. Trust our Indianapolis criminal defense law firm to protect your rights and preserve your freedoms. Call 317-636-7514 to schedule a free initial consultation, and get started on your path to justice today.

Common Arrests That Happen on Halloween and How to Avoid Them

Posted on October 28, 2020 by admin

Halloween is a fun and festive seasonal holiday that brings about all sorts of innocent mischief. But sometimes, after too much celebrating, adults can find themselves in a not-so-innocent position with the law. In fact, a much higher number of arrests happen on this night compared to most other nights of the year. So, if you are planning to hit the streets this weekend to celebrate Halloween with your friends and loved ones, be sure you are behaving safely, and within the law. The police will be out policing, doing their job to protect us and the community from danger, which means you have a higher chance at being caught in the middle of mischievous conduct. Perhaps learning which types of arrests are more frequent on Halloween can give yourself a good reminder on which situations to avoid.

Continue reading to do just that, as well as what to do if you or a loved one is taken to jail on Halloween.

Indianapolis Criminal Defense Law Firm 317-636-7514

The Most Common Types of Halloween Arrests

► Drunk Driving Arrests

Between parties and bar crawls, many people on Halloween are drinking alcohol. Since a larger number of people are drinking, more people are drinking and driving, which is why there are a lot of DUI arrests that take place on Halloween. Do not drive after having more than 1 drink to be safe. There will be DUI checkpoints out this weekend, so do not set yourself up for failure. A Lyft or Uber is much cheaper than all the court costs, fines, and probation fees you’ll have to pay if charged with a DUI.

► Public Intoxication Arrests

We’ve covered that people drink a lot more on holidays like Halloween. There are parties outdoors, in neighborhoods, and on the strips of popular city areas. This combination leads to a larger number of public intoxication charges. Just because you choose to not drive does not mean that you can’t still be arrested for being drunk. So long as you are not a public nuisance and disturbing the peace, you should be fine hopping from bar to bar, or walking home. If you are passed out, getting sick in public, being aggressive with others, making threats, or simply being too loud, you could be putting yourself at risk for a PI or disorderly conduct arrest.

► Assault and Battery Arrests

As mentioned, alcohol consumption plays a large role in Halloween festivities. And when people drink, their emotions can tend to heighten. For this reason, a high number of altercations take place in bars, at house parties, and on the streets. If you make threats, attempt to harm, or actually assault another person, you could be at risk of being arrested for assault. Claiming to kill someone or hurt them can be charged as assault, while physical contact is battery.

► Theft Arrests

On Halloween, a lot of theft happens. On any holiday where people tend to be out of their houses attending other parties or festivities, home burglaries and car thefts are more common. Since people are also masked at night on this holiday, it is easier for thieves to conceal their identity, or evade looking suspicious to others in the community.

What to Do After Being Arrested on Halloween

If by some flash of bad luck, or simply being in the wrong place at the wrong time, you or a loved one is arrested this Halloween, immediately contact an Indianapolis criminal lawyer so they can begin building an impactful, rock-solid defense against your charges. The longer you wait to retain legal counsel, the more time you waste protecting your rights and preserving your freedoms. In fact, after an arrest, your next few moves will greatly influence the outcome of your case. So, having a skilled and experienced defense attorney on the job is a monumental advantage. In the case that you are arrested this weekend, it is vital to remain calm and make good decisions. Here’s how to do that.

An Indianapolis Criminal Defense Lawyer That Won’t Back Down

Call Attorney David E. Lewis at 317-636-7514 if you are arrested on Halloween in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

Possible Sentences for a Second OWI Charge in Indiana

Posted on October 23, 2020 by admin

Whether you are checking in for yourself or a loved one, a second OWI charge in Indiana is something to be concerned about, especially if it’s happened within 5 years of the first. Although it can vary slightly from county to county, the general bail and criminal sentencing guidelines for a second intoxicated driving offense is something you can rely on for a predictable list of possible court outcomes.

Continue reading to learn how the state penalizes a second DUI charge, and what you can do to avoid the maximum sentence as a defendant in an Indiana criminal court.

OWI Charges are Serious at Any Level in Indiana

Just one DUI charge is enough to cause great concern. Indiana takes intoxicated driving very seriously, and the sentencing guidelines for such crimes show. A first drunk driving conviction is a Class C Misdemeanor, which will leave an offender facing possible jail time of 60 to 360 days, up to $5,000 in fines, up to 2 years supervised probation, up to 2 years license suspension, and more.

OWI, DUI, & DWI are INTERCHANGEABLE terms. They are all the SAME OFFENSE in Indiana.

As for a second DUI charge, the penalties are much harsher. A second drunk driving conviction is a Level 6 Felony, which leaves an offender facing possible jail time of 6 months to 2 ½ years, up to $10,000 in fines, 6 months to 2 years supervised probation, 6 months to 2 years drivers’ license suspension, and more. In Indiana, if a second DUI charge happens within 5 years of the first, it is considered a subsequent offense, and therefore, subjected to stricter penalties.

Additional court-ordered penalties that can be added to an offender’s sentence at the judges personal and professional discretion include community service, victim impact panel participation, Moms Against Drunk Driving conference attendance, rehabilitation, alcohol and drug education classes, ignition interlock devices, house arrest, and more.

Want to Know What a 3^rd DUI Conviction Will Get You?

✅ Minimum 10 Days, but Up to 2 ½ Years in Jail
✅ Probation Up to 2 Years
✅ License Suspended 6 months – 2 ½ years
✅ Court-Determined Fines
✅ 480 Hours Community Service*
✅ Alcohol and Drug Assessment*
✅ Victim Impact Program (VIP)*
* = cannot be reduced

How to Avoid the Max Sentence for a Second DUI in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a DUI felony in Indianapolis, Indiana or within its surrounding counties. Attorney David E. Lewis is here to ensure your rights are protected and you avoid jail time. Our law firm offers free initial consultations to discuss the best course of action for your DUI defense. Contact our Indianapolis criminal law firm today to get started.

FAQS About What Might Happen in Criminal Court

Posted on October 20, 2020 by admin

If you are currently facing criminal charges in Indiana, it is likely that you are anxiously awaiting your trial hearing. And just like many others in your position, you have questions and concerns about the state and federal criminal court process, as well as the potential outcomes you face. To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal court and the possible outcomes. This may relieve your anxiety while awaiting your court date.

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Frequently Asked Questions About Trial

⚖ What Will Happen if I Miss My Court Date?

Missing your court date is a serious offense. Not only does it impede your current case, it tacks on a separate criminal charge that comes with additional penalties. In rare cases, a criminal attorney can waive the penalties for a missed court date if there is sufficient evidence that the client had no choice (i.e. emergency hospital stay, serious accident, etc.) A death in the family, work, and other similar life occurrences are not acceptable excuses to the court.

⚖ What are the Possible Outcomes in Criminal Court?

Because there are so many different types of charges, the outcomes vary greatly. It all depends on a defendant’s charges, criminal history, the state, and many other factors. Some common outcomes include guilty verdict, not guilty verdict, charges dropped, charges dismissed, charges reduced, mistrials, and more.

⚖ What Will Happen if I Plead Guilty?

You should only plead guilty if it is recommended by your criminal lawyer for the purpose of a plea bargain with the state prosecutor. Pleading guilty will mean you admit to committing the crime, understand the charges and the guilty plea, and waive your right to trial jury. Upon pleading guilty, you can expect to have a sentencing hearing scheduled with a few weeks or months. During your sentencing hearing, the judge will hand down your sentence, penalties, and court orders.

⚖ What Will Happen if I am Found Not Guilty?

You will have it on your record that you were charged with the crime, but never convicted. However, you may be able to have the charged expunged from your criminal record. Upon being found not guilty, you will be released from custody and court supervision, and you cannot be convicted of the same crime later on.

⚖ What Will Happen if I Plead No Contest?

Pleading no contest is not allowed in all states. When defendants enter a no contest plea, or nolo contender, it means they are not admitting guilt to the crime in question, but they surrender to the court’s punishment. Although the defendant does not admit guilt, they are still sentenced as if they are guilty.

⚖ What Happens After a Mistrial?

The defense lawyer or prosecutor can motion the court for a mistral for several reasons, including juror misconduct, inability to reach a verdict, law enforcement errors, and more. If granted, prosecution can sometimes retry the case. But most often, it puts defendants in a double-jeopardy situation, so it is not retried.

⚖ What Happens if All Charges are Dropped?

If your charges are dropped, you will not go to trial. The prosecutor drops charges for several reasons, including inadmissible evidence, lack of evidence, uncooperative victims, and more. Although your criminal record won’t show an actual conviction, it will show that you were once charged with the crime. In this case, you may qualify to have it expunged from your record.

How Do I Avoid the Maximum Sentence for My Indiana Criminal Charges?

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.