The Pros and Cons of a No Contest Plea

Posted on March 6, 2020 by admin

A no contest plea is also known as nolo contendere, which translates loosely to, “I do not wish to contend.” When a defendant uses the no contest plea, they are not admitting fault, but they are also not disputing the charges either. Although this type of plea is an alternative to guilty or not guilty, courts will still convict and sentence someone following this plea. When it comes to no contest pleas, there are several advantages and disadvantages involved. For this reason, it is wise to educate yourself on the terms of a no contest plea before making one.

Continue reading to learn the pros and cons of a no contest plea to make the best decision for yourself prior to trial.

Pros of a No Contest Plea

Not all states allow nolo contendere, so if yours does, you are already at an advantage. Furthermore, most cases of no contest pleas require preliminary permission from the courts; so, if you are permitted to make this type of plea, you are also in luck.

Another major benefit to a no contest plea is civil liability. Once a defendant pleads no contest, they are convicted and sentenced criminally, but their plea cannot be used as evidence of guilt later on if they face civil action by any victims of their crime.

Pleading no contest saves money on attorney fees and court costs since trail time is shortened. The more you must appear for trial, and the longer you fight a charge, the more money you are going to spend. No contest pleas reduce time and cost.

Furthermore, pleading no contest also takes a person out of the spotlight faster if they are in it, such as the case with local celebrities like news reporters, restaurant owners, and CEO’s. No contest pleas shorten the process and can let a person move on.

It is possible to receive a lighter sentence when pleading no contest, as compared to pleading guilty, going to trial, and being convicted. Generally, defendants are given lesser punishment following a no contest plea deal.

Cons of a No Contest Plea

Although there are several advantages of pleading no contest, there are always two sides to a story. No contest pleas can also render unpleasant outcomes. One of the most well-known disadvantages of pleading no contest is the fact that a defendant will be convicted, sentenced, subjected to penalties, and have a permanent criminal record. Additionally, a no contest plea can be used later on as an aggravated factor if the defendant is criminally charged again. Aggravated factors will increase the severity of punishment for a defendant.

Get Trusted Legal Advice For Your Indiana Criminal Charges

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your felony crimes. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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

What You Need to Know About Indiana Expungement

Posted on March 2, 2020 by admin

If you have a criminal record, whether as a minor or adult, this blog is for you. A new law in Indiana allows those who qualify to have certain criminal and arrest records concealed from public access. This could be a better job, income, and overall quality of life for thousands of past offenders. To get started, continue below to learn what you need to know about criminal record expungement in Indiana, and how to find out if you qualify.

Indiana Criminal Record Expungement Law Firm 317-636-7514

Indiana’s Second Chance Law

Also known as Indiana’s Second Chance law, criminal record expungement is a new opportunity that deserves immediate attention from anyone with an arrest, charge, or conviction on their personal record. Those who are approved for expungement will no longer be subjected to the consequences and setbacks of having a criminal record. Employers, whether current or potential, cannot view expunged records, nor can school administration offices, banks, landlords, and the general public. Everything from dating and applying for jobs, to renting a home, earning a degree, and much more, is easier after expungement.

However, not every will qualify. Furthermore, there is another version of expungement known as record sealing, which is less restrictive than expungement.

Difference Between Sealing and Expungement

When criminal records are expunged, they are erased permanently from one’s personal record. In comparison, when records are sealed, they are not erased, but rather hidden. Only law enforcement, governmental agencies, and in some case, childcare organizations, can view sealed criminal records. As for the general public, including employers and landlords, they cannot view sealed records. The requirements for qualifying for record sealing are less strict than the requirements for expungement.

How to Qualify

To qualify for criminal record expungement or sealing, one must meet very specific requirements. The two most influential factors to determining eligibility include the type of conviction and the amount of time that has passed since the date of the conviction. Some convictions cannot be expunged nor sealed, such as murder and sex crimes. However, most arrests and charges that did not end up in conviction can be expunged or sealed.

Convictions that Do Not Qualify:

Murder

Sex Crimes

Feticide

Manslaughter

Reckless Homicide

Human Trafficking

Assisting /Causing Suicide

Transfer of Contaminated Bodily Fluids

Registered Sex Offender Status

Inappropriate Communication with a Minor

How to Petition for Expungement

You must hire a criminal defense lawyer who specializes in the new Indiana expungement laws if you want a good chance at being approved by the state. The process and requirements involved in petitioning for expungement are very complex and confusing to anyone who does not have a law degree. Furthermore, one can only petition for expungement one time, and never again after. This poses high risk since a petition will be rejected for something as little as a misspelled word or missed deadline. An Indiana criminal expungement lawyer will be able to ensure your petition is managed accurately.

Who to Trust for Indiana Criminal Record Expungement Help

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana. He is eager 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.

Will I Go to Jail for Underage Drinking?

Posted on February 26, 2020 by admin

After you turn 18 years old in the United States, you are legally an adult. However, even though you are deemed an adult in the eyes of the law, you are still in fact, a minor, which means you are also still restricted from partaking in certain activities, primarily consuming alcohol. Currently, the legal drinking age is 21 years old, which means that anyone under the age of 21 years old is subject to arrest and underage drinking charges if caught by authorities. As a result of being caught intoxicated or in possession of alcohol while under the legal drinking age, many types of penalties can ensue; one of which could be jail time.

Continue reading to learn how Indiana law penalizes underage drinking, and what you can do to ensure you avoid the maximum sentence for your underage drinking charge.

Indiana Underage Drinking Lawyer 317-636-7514

Indiana Underage Drinking Laws

You must be 21 years old to legally consume or purchase alcoholic beverages in Indiana, and virtually all other states. If caught in possession of, under the influence of, or consuming alcoholic beverages as a minor adult, the law has a set schedule on how you are to be penalized.

Although judges have the discretion to modify the ultimate sentence handed down for underage drinking as they see fit, the basic statute for possessing, consuming, or transporting alcohol as an underage adult is a Class C Misdemeanor.

In Indiana, a Class C Misdemeanor is punishable by 0 to 60 days in jail, up to $500 in fines (§ 7.1-5-7-7). Fines do not include court costs, filing fees, nor attorney fees.

Potential Penalties for Underage Drinking:

⚠ Driver’s License Suspension – 0 to 12 Months
⚠ Alcohol Treatment Program
⚠ Community Service

How to Prepare for Underage Drinking Charges

If you were recently arrested for underage drinking, and you are 18 years old or older, you need to retain private legal counsel as soon as possible. Licensed criminal defense attorneys can build you a strong and impactful defense that will protect your rights and preserve your freedoms. Mostly, they can keep you out of jail. Just be sure to choose the right lawyer for your Indiana underage drinking charges, as it takes a motivated and aggressive attorney to fight your case.

Trust Indianapolis Criminal Attorney, David E. Lewis

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful criminal defense against your Indiana underage drinking charges so that you have a chance at avoiding the maximum penalties for your suspected underage drinking. Our Indianapolis criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

Frequently Asked Questions About Police Interactions

Posted on February 21, 2020 by admin

When you are confronted by police, there are many things you should and should not do in order to protect yourself. Not only can the right knowledge regarding police dealings help you avoid self-incrimination, it can ensure your freedoms are not taken away on the spot. For a start, continue reading to review some frequently asked questions and answers about police interactions.

If a Cop Stops Me on the Street, Do I Have to Talk to Them?

If you are walking down the street or sitting on a bench, and an on-duty police officer stops to speak to you or ask you a question, you must comply. Even if you feel like their actions are illegal or they are harassing you, you are still required to stop and cooperate with their orders, no matter the circumstance. Furthermore, anything you say or do during this stop can be used against you later on.

If a cop stops you, but does not tell you why, you can ask, “Am I being detained?” Be sure to use this exact language. If the cop says no, you can ask if you can now walk away. Do not just walk away, as this can create confrontation. If the cop says yes, then you are immediately entitled to a lawyer by law, and can refuse to answer any more questions without your lawyer present. If you do this, be prepared to be arrested.

Can a Cop Search My Car Without My Permission?

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. It means that police and other forms of law enforcement must have a good reason to legally search a person or their property, as well as, seize personal belongings or make an arrest. “Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause.

If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal. However, police have the authority to make this determination. So, the answer to this question is, yes, a cop can search your car if they want to. There is very little chance that they are found guilty of an illegal search later on.

Is it Against the Law to Insult a Cop?

Whether or not it is illegal to insult a cop depends on the circumstance. In all cases, if you insult a cop, you are taking on the risk of being stopped, questioned, searched, and if found partaking in criminal activity or wanted by warrant, arrested on the spot. Under law, it is illegal to interfere with a police investigation, and to use “fighting words” towards an officer. If your insults fit into one of these two categories, then you can be arrested.

Can a Cop Arrest a Child?

Juveniles between the ages of 11 and 17 years old can be arrested by a police officer if they are caught breaking the law. If a child under the age of 10 years old commits a crime, they are not tried in the juvenile court system. Instead, they are entered into a state-run or government-administrated social services program. Here, they are evaluated and rehabilitated by professionals in the social service and childcare industries.

If a Cop Doesn’t Read Me My Rights, Will My Charged Be Dropped?

The rules and regulations regarding Miranda warnings and what police officers must say to people under arrest differ among jurisdictions within the United States. It is important to understand that Miranda warnings are not meant for every police interaction, and may not always be read to a person. The only situation in which law enforcement is required to read a person their Miranda rights is if custodial interrogation is going to take place. This means if police officers intend to interrogate and question a suspect for the purpose of making an arrest, they must read the suspect their Miranda warnings first before questioning them.

Can a Park Ranger Arrest Someone?

Park rangers can (and will) arrest a person who breaks the law, whether it’s a state law, federal law, or park rule. Misunderstanding the role of a park ranger has cost many people a night in jail. If you are a frequent camper, hiker, fisher, or park visitor, be sure to fully understand that park rangers are the boss. In fact, park rangers are not the only authorities you might come across. Individuals like park police, game wardens, and other park officials are also in charge of enforcing rules.

Can a Security Guard Arrest Someone?

A security guard has a lot of authority in terms of guarding and protecting, but their authority to arrest a person is limited. Although they cannot actually arrest a person like police can, they do have the right to make a citizen’s arrest, just as we all do. However, a citizen’s arrest can only take place under these specific circumstances: 1) the offender committed a felony, or 2) the offender attempted to commit, or did commit, a misdemeanor in their presence. In the case of a felony, the offense must have actually been committed for a security guard to make a citizen’s arrest. In the case of a misdemeanor or infraction, the crime must have been made or attempted in the presence of the security guard.

Where to Get Trusted Criminal Defense in Indiana

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.

How to Change Criminal Defense Lawyers Midstream

Posted on February 17, 2020 by admin

Any relationship can start off on the right foot, but eventually begin to show signs of incompatibility. When it comes to professional relationships, like the one with your criminal defense lawyer, the same possibility can apply. In fact, many clients find themselves longing for new legal representation, whether because their current lawyer is not meeting certain professional expectations, or for the simple fact that they do not feel a solid lawyer-client connection.

If you are currently a client of a criminal defense attorney who is just not feeling like the right fit for your legal matters, you do have the option of switching counsel. However, there are some factors that can affect the circumstances of making such a switch, from the amount of time your case has been active, to the cooperation of your soon-to-be former lawyer.

Continue reading to learn what you need to know about changing criminal defense lawyers, midstream.

Switching Criminal Defense Lawyers

Changing criminal defense lawyers will not harm your case, overall. It is common for clients to switch legal representation midstream for a number of reasons. Lack of communication, unprofessional behavior, disagreements in case direction, and similar inadequacies are frequent reasons why this happens.

Finding a Reputable Replacement

When you are ready to move on to a new criminal defense lawyer, your first step is to find a reputable replacement in your city. See our blog, “How to Choose the Right Criminal Defense Lawyer” to learn how to get started on the right track. Once you have found a new criminal defense law firm to take your case, you can relish in relief, as they will take on the duty of arranging the change.

Your new lawyer will contact your former lawyer to notify them of the switch. From there, the two lawyers will set a time to complete the handoff of client information and all other related data. Afterwards, a new meeting is scheduled for all three parties (you and the two lawyers) to sit down and discuss payment owed to the former lawyer, if any at all.

Paying Your Former Lawyer

The amount of money you will owe to your former criminal defense lawyer will depend on several factors, many of which are influenced by state laws. Common factors that will affect this amount include the current stage of the case, how many hours they have already spent working on the case, and how much you have already paid. If money is owed to your former criminal defense lawyer, you will have to pay them in full. To ensure payment, some states allow criminal defense attorneys to put a lien on the proceeds they are owed. This will usually take place in small claims court as a civil matter.

Get Started ASAP to Protect Yourself

If you are not happy with your current criminal defense, whether a private paid lawyer or a public defender, it is vital that you make a switch as soon as possible. Your future and your freedom depend on the quality of your criminal defense attorney. Be sure to hire a seasoned and aggressive Indiana criminal defense lawyer who can protect your rights and preserve your freedom, and obtain the best possible outcome for your case. Without a lawyer on your side, you have a severe and massive risk of being sentenced to the maximum penalties for your criminal charges, including major fines and long-term jail time.

An Indianapolis Criminal Defense Attorney Who Will Fight For You

Call 317-636-7514 to discuss your issues with your current legal representation with David E. Lewis, Attorney at Law. He is an aggressive and experienced Indianapolis 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 help you through the process of changing lawyers, and then build you a stronger and more impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

How Long Will I Go to Jail for Oxycodone Possession?

Posted on February 11, 2020 by admin

Oxycodone is a serious drug. Known as an opioid, it is used mostly as a base substance to make a large number of powerful pain medications, such as Oxycontin, which is just a time-release version of oxycodone. Oxy is meant to be used solely for treating severe and chronic pain in patients with extensive injuries, or debilitating illnesses that cause life-long pain. It is highly regulated and only available (and legal) through prescription by a licensed physician.

That is because oxycodone is highly addictive and can quickly lead to dependence, and therefore, abuse. The problem with non-medically supervised, illegal oxy use is the very serious and real risk of death. You see, oxy medications cause respiratory distress, and in many cases, leads to death when taken in large or continuing doses. The risk of death is even more likely when oxy meds are also taken with other narcotics, especially alcohol.

For these reasons, being caught in possession of oxycodone without a valid prescription can land you in a lot of trouble. Continue reading to see how Indiana statute penalizes those arrested and charged with oxycodone possession.

Prescription Drug Possession Attorney 317-636-7514

Possession of a Controlled Substance

Here in Indiana, those caught with oxycodone without a legal prescription have committed the crime of possession of a controlled substance. Indiana Code 35-48-4-7 clearly states: “A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana, hashish, salvia, or a synthetic cannabinoid, commits possession of a controlled substance (…).”

Indiana Drug Schedules

In Indiana, a classification system is used to categorize and define all drugs and controlled substances according to their abuse potential and addictive nature. These classifications are called “schedules”, and were developed by Federal government and Indiana legislature. They range in number, from 1 to 5, and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Oxycodone is a Schedule II drug. Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence. Other Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, methadone, and more.

Penalties for Schedule II Drug Possession

Possession of a Schedule II drug is a Class A Misdemeanor, which is punishable by:

? O – 1 Year in Jail
? O – 1 Year of Probation
? Fine Up to $5,000

After being charged with possession of drugs, it is important to start learning what you are up against. Such charges can cause an instant ripple effect in your life. On top of the immediate damage to your reputation and hefty fines, drug possession charges can lead to loss of employment, driving privileges, child custody, financial aid benefits, housing, and much more. Most importantly, you can lose your freedom. For this reason, it is critical to have an aggressive defense attorney behind you all the way.

Trust an Experienced Indiana Drug Possession Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana drug crime charges, today. Whether charged with possession, dealing, or prescription fraud, 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 misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

The Law Office of David E. Lewis Has Moved to a New Location!

Posted on February 3, 2020 by admin

156 East Market Street Suite 900
Indianapolis, Indianapolis 46204

The Law Office of esteemed criminal defense lawyer, David E. Lewis, has officially moved to a new easy-to-find Indianapolis location! Clients will enjoy several free amenities and conveniences our new office location has to offer, including free parking, easy navigation, serene landscaping, clean and comfortable lobby, and much more. Best of all, our new office location is nearby a plethora of wonderful downtown Indianapolis restaurants, shopping, and activities, which means you can take a well-deserved break after a meeting with your compassionate legal team.

Indianapolis Criminal Defense Law Firm 317-636-7514

Here is our new office contact information:

156 East Market Street Suite 900
Indianapolis, Indiana 46204

Phone: 317-636-7514

Hours of Operation:
Monday – Thursday: 8:30am – 5:00pm
Friday: 8:30am – 4:30pm
Saturday: Appointments Available
Sunday: Closed

The Law Office of David E. Lewis aggressively represents all state and federal criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation or parole violation charges, and much more. Although we represent several areas of criminal law, we specialize in drunk driving defense, so if you are charged with a DUI or OWI, we can conceivably help you avoid jail time and possibly lower or dismiss your charges.

When it comes to achieving the best possible outcome in court after being charged with a crime in Indiana, Attorney David E. Lewis is the obvious choice for criminal defense. If you or someone you love is facing criminal charges, trust David E. Lewis to build an impactful and strong defense to protect your rights and preserve your freedoms.

Who is Attorney David E. Lewis?

David E. Lewis is a seasoned criminal defense attorney with more than 25 years of experience practicing criminal law in Indiana. After graduating from Indiana University in 1987 with a degree in Political Science, he was accepted into Indiana University Law School. While attending law school, he not only worked as a bailiff for the Marion County Superior Court III, he also worked in the Marion County Public Defenders’ Office. Upon graduating from law school in 1990, David E. Lewis was ready to help Hoosiers everywhere avoid the maximum penalties for their criminal charges. Attorney David E. Lewis’s compassion for those facing criminal charges runs deep, as does his drive to protect their rights and preserve their freedoms.

For this reason, he started out working as a Master Commissioner for the Marion County courts, strictly presiding over criminal cases. Through these years, he was able to gain an extensive amount of knowledge and experience of all sides of the law, making him a strong and effective counselor. From there, he knew he wanted to do more for people in need of compassionate criminal defense. So, he began his own criminal defense practice, and over the past two decades, has now helped thousands of Indiana defendants reduce or dismiss their criminal charges. He is an upstanding member of the Indiana Trial Lawyers Association, as well as, the Indianapolis Law Club. He works around the clock for his clients to ensure their rights and freedoms are protected, and that they receive the most favorable outcome possible in court for their particular criminal charges.

Get in Touch for a Consultation TODAY

If you do not already have a licensed Indiana criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you.

Facts About Immunity in Criminal Cases

Posted on January 29, 2020 by admin

Our country’s Constitution gives every United States Citizen various liberties and freedoms. One of which that has to do with criminal charges is our 5^th amendment, which protects criminal suspects from self-incrimination. What does that mean for those facing criminal charges? Mostly, it means that you cannot be forced to reveal certain information that will a) directly incriminate you, or b) indirectly incriminate you by giving investigators information of incriminating evidence. In some cases, prosecutors can work their way around this amendment by offering immunity.

Continue reading to learn more about immunity in a criminal case, including the types of immunity, their potential restrictions, and who to trust for superior criminal defense advice near you.

Immunity Basics

In the case that a prosecutor suspects a person of criminal activity, but cannot get any usable information out of them as a result of their constitutional rights, they may instead offer them immunity in exchange for their testimony against another suspect or criminal group. This type of prosecution bargain is most common in cases that can lead investigators to stopping much larger, organized criminal operations, such as drug and sex trafficking, black market businesses, white collar crimes, and more.

Types of Immunity

There are two common types of immunity offered by prosecution in criminal cases: Total Immunity and Use and Derivative Use Immunity. Total immunity, also known as transactional immunity, refers to an arrangement that gives a suspect complete protection against being charged at any point in the future based on matters related to their testimony. Keep in mind that, under this arrangement, prosecution can still bring charges against an immunized suspect, so long as the charges are based on entirely independent matters unrelated to their testimony.

Use and derivative use immunity is a similar arrangement to total immunity, but with more restriction, which is why it is the more common type offered in criminal cases. A person who is granted this type of immunity will be protected against being charged by prosecution based on statements, or any evidence uncovered from their statements, given in their immunized testimony. Essentially, this situation renders the same result as a person invoking their 5^th amendment right.

Deciding on Immunity

Because there is more than one type of immunity, it is vital to your future and your freedom to fully understand the deal being offered to you before agreeing to it and signing any documents. In fact, it is strongly encouraged to have your Indiana criminal defense lawyer review such offers and help you make the best decisions for your case. Furthermore, there are several limitations to immunity, which can also confuse or mislead you. For instance, once you agree to an immunity, you must comply and go through with the deal. If you do not, you will face various penalties, including hefty fines and jail time.

Get Trusted Criminal Defense Advice in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Indiana Penalties for Arson Crimes

Posted on January 24, 2020 by admin

When someone intentionally sets fire to something of value by means of fire, explosives, or destructive device, and property damage results, they have committed the crime of arson. Arson is NOT the crime of intentionally setting fire to cause bodily harm. That would be considered murder, manslaughter, or some other form of violent crime. But because arson has the potential to cause both property damage and bodily harm, it is a very dangerous act, and therefore, considered a very serious offense. Accordingly, each state serves to set an example of those who are convicted.

Continue reading to learn how Indiana penalizes arson crimes, and what you need to do if you were recently charged with a similar crime.

Indianapolis Felony Crime Lawyer 317-636-7514

Indiana Arson Charges and Penalties

Here in Indiana, arson is a felony. The type of felony depends on the level of arson committed. For instance, arson crimes are penalized as low as a Level 6 felony, to as high as a Level 2 felony. Here are the Indiana penalization and sentencing schedules for them:

Level 6 Felony
➢ 6 months to 2 ½ years in jail with an advisory sentence of 1 year; Up to $10,000 in fines.

Level 6 felony arson charges are often referred to as “wobblers” by criminal defense lawyers because they can usually be reduced to a Class A misdemeanor, which is less severe in terms on penalties. A Class A misdemeanor is punishable by 0 to 1 year in jail and up to $5,000 in fines.

Level 5 Felony
➢ 1 to 6 years in jail with an advisory sentence of 3 years; Up to $10,000 in fines.

Level 4 Felony
➢ 2 to 12 years in jail with an advisory sentence of 6 years; Up to $10,000 in fines.

Level 3 Felony
➢ 3 to 16 years in jail with an advisory sentence of 9 years; Up to $10,000 in fines.

Level 2 Felony
➢ 10 to 30 years in jail with an advisory sentence of 17 ½ years; Up to $10,000 in fines.

Under Indiana’s arson laws, an act of arson that harms multiple victims counts as individual offenses. This means that if an arson defendant injured 5 people as a result of their fire, they would be charged with 5 counts of arson, with each count adding up in penalties. See Indiana Code Section 35-43-1-1 to view the full list of laws and penalties for arson.

Are You Facing Indiana Arson Charges?

If you do not already have a licensed Indianapolis criminal defense lawyer working on your felony arson case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana arson charges so that you have a chance at avoiding the maximum penalties for your suspected felony crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

Is it Legal to Buy Marijuana in Illinois and Bring it Back to Indiana?

Posted on January 21, 2020 by admin

Illinois has joined the various other states in their 2019 ballot initiative to legalize recreational and medical marijuana consumption. This means that Illinois residents, 21 years and older, are legally permitted to possess, transport, consume, and even cultivate cannabis. As a bordering state to Indiana, many Hoosiers want to know if they can visit Illinois, purchase marijuana products, and then bring them home to Indiana for personal use. This is a very relevant and predictable inquiry, as marijuana laws are constantly changing around the country every day.

Continue reading to learn what you need to know as an Indiana resident visiting Illinois.

Indianapolis Marijuana Lawyer 317-636-7514

Before Illinois enacted their cannabis legalization laws, possession of marijuana was a misdemeanor crime, punishable by 1 year in jail and $2,000 in fines. Trafficking and cultivation rendered even more serious penalties. But in June 2019, Governor J.B. Pritzker signed the bill after the ballot to legalize recreational adult marijuana use was approved by voters. So, Illinois state law now permits the consumption and possession of marijuana, whether with or without a medical marijuana card.

For Illinois residents, this means that, at any time, the state laws regarding marijuana can be overturned by Federal legislation. Right now, residents of the state can possess up to 30 grams of cannabis. The legal limit for cannabis concentrate is 5 grams, while the limit for cannabis-infused products, such as edibles or tinctures, is 500 milligrams of THC (the chemical that produces a high).

Indiana Marijuana Laws

As for Indiana residents who are visiting the Illinois, the law allows you to possess up to half of the amounts of Illinois residents. This means you can have up to 15 grams of marijuana, 2.5 grams of concentrate, and 250 milligrams of infused products. As for taking Illinois marijuana back home to Indiana, the law will stand in your way. Cannabis is illegal in Indiana across the board, and there is zero talk of legalization. This means that if you decide to visit Illinois and purchase marijuana, you CANNOT legally bring it back across Indiana borders. If you do, you are instantly breaking the law.

If you are caught by law enforcement, you will be arrested. However, there is some hope. Recently, the Marion County Prosecutor’s Office declared that it will no longer prosecute petty marijuana cases. Here’s what Prosecutor Ryan Mears had to say, “Too often, an arrest for marijuana possession puts individuals into the system who otherwise would not be. That is not a win for our community. (…) The enforcement of marijuana policy has disproportionately impacted people of color, and this is a first step to addressing that. (…) Our priority is violent crime. (…) We are not going to mess around with these small possession of marijuana cases.”

Get Help With Marijuana Charges in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a marijuana crime in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!