Possible Drivers’ License Options Following a DUI Conviction

Posted on September 25, 2019 by admin

A DUI charge, short for driving under the influence, can result from operating a vehicle drunk, high, or otherwise inebriated on a controlled substance or narcotic. Regardless of how your DUI came about, you might want to put your attention towards your driving rights. This is especially important for those who rely on a vehicle for the sake of work, school, or children.

If you are facing DUI charges in Indiana, continue reading to learn what might happen to your drivers’ license status, including upon conviction.

Indianapolis Drunk Driving Lawyer 317-636-7514

Indiana Drivers’ License Penalties for DUI’s

Here in Indiana, it is important to know that OWI, DUI, and DWI are used interchangeably. This means they are refer to the same offense. With that being said, what happens to a defendant’s drivers’ licensed following a DUI conviction will vary depending the factors surrounding their arrest. Such factors may include the type of DUI, criminal enhancements (which amplify offense to higher charges), criminal record, and driving history. Common penalties often include jail time, probation, and fines. But all DUI convictions come with a drivers’ license suspension.

DUI Drivers’ License Suspensions in Indiana:
1^st Offense – License Suspended 3 Months to 2 Years
2^nd Offense – License Suspended 6 Months to 2 Years
3^rd Offense – License Suspended 12 Months – 10 Years

POSSIBLE DUI ENHANCEMENTS:
↳ DUI w/a Passenger Under 18 Years Old
↳ DUI Causing a Person Bodily Injury
↳ DUI Causing a Person’s Death
↳ BAC of 0.15% or More

Hardship License

When a person is convicted of a DUI, their license is suspended for at least 3 months, and up to 3 years. However, after 3 months, they may have the option to file for a “hardship license”, or probationary license, which allows them to only drive to and from work and school. A skilled DUI attorney can get you a hardship license without fail.

SR22 Auto Insurance

Another consequence of a DUI conviction is almost always the need for SR22 auto insurance. This is high risk auto insurance policies that convicted drivers must have for 3 years following an arrest. It is expensive and hard to find, but a skilled DUI lawyer can help you get the insurance you need.

Driving Record Points

A first-time DUI conviction will land a person 8 points on their driving record. More serious DUI convictions will add even more points to a person’s driving record. After so many points, driving privileges become restricted, suspended, or revoked. In other cases, too many points on a driving record will result in mandatory drivers’ education classes to reinstate licensed or return it to good-standing.

Contact a DUI Criminal Defense Lawyer Today

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis DUI defense lawyer, David E. Lewis. He 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 drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

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

Do Misdemeanors Show Up on a Background Check?

Posted on September 20, 2019 by admin

Are you someone with a criminal past, and now worried what your background check says about you? If so, it is strongly encouraged to run a background scan on yourself to know exactly what others can have access to when it comes to your criminal record. Even if you only have minor offenses and misdemeanor arrests on your criminal background, it can still have an effect on several aspects of your life, from employment to dating, and everything in between.

Continue reading to learn what is likely to show up on your background check, as well as, where you can get help restricting access to your criminal record in Indiana.

Misdemeanor Criminal Defense and Expungement 317-636-7514

The Misdemeanor Affect

Although misdemeanors are less serious charges and convictions compared to felonies, they are still grim since they affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. And the record of this arrest and suspected offense still show up on a person’s personal and public record FOREVER, even if the charges are dismissed and no conviction was ever made.

So who can view these records? Anyone who has access to a computer, library, or police station. They are public records, which means they are available to anyone who takes the time out to seek them. Such parties include employers, landlords, brokers, school admission offices, neighbors, play group parents, and even potential romantic partners.

Will Your Misdemeanor Show Up?

Misdemeanor arrests, charges, and convictions are less serious types of crimes, so they are typically prosecuted by the county. So, in the case that a potential seeker of your criminal history performs a background check on a state program that does not include the particular county of arrest, there is a chance that your misdemeanor will not be on the scan results.

Furthermore, some background check portals are less comprehensive than others; so the higher quality background check source used, the more information it is likely to show. There are even paid background checks that really dig deep into a person’s criminal record, driving record, academic record, and more. Generally, employers and school admissions use these types of scans.

How to Restrict Criminal Records in Indiana

A new law regarding criminal record expungement has recently been passed in Indiana, which means that certain people now qualify to have their criminal records hidden or eliminated from public access. The process requires extensive filing and paperwork, all of which is very complicated. For this reason, most applicants hire a licensed criminal defense attorney who specializes in the service. You only get once chance to apply, and a minor error like a misspelled work or missed deadline can revoke your right to petition, forever.

Where to Get Started on Indiana Expungement

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana, and for Indianapolis misdemeanor criminal defense you can trust. 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.

Do I Need an Attorney if My Kid is Arrested?

Posted on September 16, 2019 by admin

When an adult is arrested, most of us know the basic process of detainment, arraignment, bail bonds, probation, and more. But what happens when a child is arrested? Continue reading to learn what you need to know about arresting minors and juveniles in Indiana.

Juveniles vs. Minors

If you have kids, it is important to know the difference between a minor and a juvenile, because they are not the same. A minor can be both a person and a kid, whereas a juvenile is always a kid. You see, anyone who is prohibited from certain activities due to their age is considered a minor. If a person is 20 years old, they are minor when it comes to consuming alcohol or entering a bar. Accordingly, a person is a minor at 17 years old because they cannot legally smoke or purchase cigarettes nor vote. Similarly, a person who is 23 years old can also be a minor since they are not qualified to rent a car until they are 25 years old.

In contrast, a juvenile is anyone between the ages of 10 and 17 years old, and who has not been emancipated from legal guardians. If a child has been emancipated at 16 years old, they are considered a minor, not a juvenile. Once a person turns 18, the law deems them a legal adult, so they are not a juvenile anymore, but they are still a minor in terms of other laws.

Arresting Juveniles and Minors

If a juvenile between the ages of 10 years old and 17 years old commits a crime, the outcome largely depends on the discretion of the arresting officer. All law enforcement officials have their own way of dealing with juvenile crimes. In some cases, cops will simply detain them and call their parents to have them picked up, or give them a ride home in the squad car, handcuffed, to teach them a lesson.

Other times, cops give juveniles on-the-spot counseling and then release them back to parents after a time-out period. In more serious cases, a juvenile is transported to a juvenile detention center where they will await their arraignment. Police discretion mostly depends on a child’s age, the seriousness of the crime, and the parent’s ability to take over.

Criminal Defense for Juveniles

When it comes to retaining a criminal defense lawyer for kids under the age of 17 years old, it all depends on the situation. You see, children under 10 years old are not tried in the juvenile court system if they commit a crime. Instead, they are enrolled into a state social services program to be evaluated and rehabilitated by professionals. You may still need a lawyer in this case to protect your rights and get the best outcome possible for your case.

Kids who are tried in the juvenile court system can face a wide range of sentences and subsequent penalties, such as court-ordered therapy, community service, behavioral rehabilitation, house arrest, probation, special schooling, and in serious cases, live-in juvenile schools or detention camps. In the most serious cases, a juvenile can be tried as an adult in the adult criminal court system. For this reason, it is quite necessary to retain professional legal counsel in order to obtain the best possible outcome for your case.

It is important to remember that juveniles do not have a right to bail like adults do. In the case that your juvenile is detained at a juvenile detention center, they will be given a phone call, but they will remain there until their court arraignment. This hearing is generally scheduled within the first 24 or 36 hours of arrest, and will involve a judge deciding whether or not to release the defendant or sentence them to one or more of the above-mentioned penalties.

If a minor 18 years old or older is charged with a crime, they will be charged as an adult because, as mentioned, the law deems a person a legal adult at the age of 18 years old. In this case, it would be vital for anyone of this age to retain proper criminal defense to avoid the maximum penalties for their charges.

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 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.

Can I Get Immunity For Being a Witness?

Posted on September 11, 2019 by admin

You’ve probably seen your favorite vigilante in your favorite movie get immunity for their crimes in trade for saving the city. Or perhaps a key protagonist that swaps valuable testimony for a pass on their particular offense. But do these things actually happen in real life, to real people? Continue reading to learn what immunity means for a witness also charged with a crime in a criminal case.

Prosecution Wants to Make a Case

There are times when a prosecutor will offer a suspected criminal immunity for their crimes if they help law enforcement build a case against another suspect, or group of suspects, by being a witness. Immunity is basically a “hall pass” or “get out of jail free card” for a person who is charged with or suspected of a minor crime. In exchange for vital information and testimony that will help prosecute a more high-profile criminal, a prosecutor will not move forward with charging a suspect.

Factors That Influence Immunity

Not every is offered immunity. Immunity is typically reserved for more high-profile cases and long-standing investigations. Common cases that might involve an offer of immunity include crime bosses, drug traffickers, smugglers/black-marketers, white collar fraud, sex trafficking, and similar serious crime enterprises.

However, this does not mean that only high-profile cases are eligible for such criminal leniency. There is a chance that a lower-spectrum criminal cases might involve immunity. It depends on several factors, such as the current on-going criminal investigations in town, the level of danger the upper crime poses to the community, and more.

Limitations to Immunity

Immunity is a great opportunity for a minor criminal, as it allows avoiding jail, hefty fines, and a permanent record. However, there are limitations and rules that go along with this type of legal arrangement. After all, immunity is more of an inventive for prosecution, who uses it as a tool to get what they want.

Once a person is granted immunity, they must testify in court against the person they have information on. If the person refuses to testify after being given immunity, they will be held in contempt of court. See our blog, “Can I Go to Jail for Criminal Contempt?” to learn what you need to know about criminal contempt in Indiana.

Furthermore, being granted immunity does not mean that a person is entirely cleared. Prosecution could later indict an immunized witness, so long as prosecution and law enforcement can prove that the case is based exclusively on evidence separate from the witness’s immunized testimony.

In such cases, if an immunized witness wishes to claim immunity as a defense to being indicted, they have the burden of providing sufficient evidence that 1) prosecution awarded immunity, and 2) the testimony that earned them immunity is relevant to the charges they are being indicted on. After that, the burden of proof shits to the government.

Need Help With Immunity 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 attorney who will stop at nothing to protect your rights and preserve your freedoms. Whether you have already been granted immunity, or wish to make a deal with prosecution, he can help. 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 Defend Your Disorderly Conduct Charges in Indianapolis

Posted on September 6, 2019 by admin

Also referred to as “breach of peace” or “disturbing the peace”, the crime of disorderly conduct happens to be one of the most frequently-filed charges in the United States. This tells you that there must be a large portion of those charges that are falsely or inaccurately filed. If you have been arrested for disorderly conduct recently, whether in a domestic disturbance situation, public intoxication incident, or some other circumstance of being a public nuisance, it is likely that you are not even guilty.

Often times, people are just in the wrong place at the wrong time, while other times, cases of disorderly conduct are really just cases of miscommunication, misunderstanding, or even mistaken identity. Regardless of the circumstances surrounding your recent disorderly conduct arrest, it is vital that you begin building a strong and impactful defense to fight your charges, and ultimately, avoid the maximum penalties if convicted.

Continue reading to learn what the common Indiana penalties are for disorderly conduct convictions, as well as, how you can obtain a strong defense against your disorderly conduct charges, starting today!

Indianapolis Disorderly Conduct Lawyer 317-636-7514

Disorderly Conduct in Indiana

Disorderly conduct is a wide spectrum of behaviors, from minor acts of public protesting, public urination, and drunkenly passing out on a public bench, to more serious ones like, causing a fight in a bar, disobeying police orders, or public indecency. Basically, disorderly conduct can be any behavior that is likely to cause a public disruption or non-peaceful occurrence, such as any conduct that causes reasonable people alarm, fear, annoyance, anger, or an increased likelihood to engage in illegal activity.

Disorderly conduct is also referred to as a public disturbance or public nuisance offense. Here is what you can expect if you are found guilty of disorderly conduct in Indiana:

Public Nuisance (No Enhancements)
Class B Misdemeanor – Punishable by up to 180 days in jail, fines up to $1,000, and additional court-ordered penalties such as community service or probation.

Public Nuisance (With Enhancements)
Level 6 Felony – Punishable by 1 year or more in jail, up to $5,000 in fines, and additional court-ordered penalties.

How to Build a Strong Defense for Your Public Nuisance 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 when facing disorderly conduct charges in Indiana. 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.

Were You Arrested for Prescription Drug Possession in Indiana?

Posted on September 3, 2019 by admin

Prescription drug use is prevalent here in Indiana. But as a schedule II narcotic, you will be arrested if you are caught in possession of such drugs without a valid prescription, and therefore, face a long list of penalties. Continue reading to learn what you need to do to protect your rights and preserve your freedoms when facing prescription drug charges in Indiana.

Schedule II Drugs

According to Indiana Code 35-48-2-6, 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.

Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital,and phenmetrazine.

Indiana Prescription Drug Penalties

Your prescription drug charges can be further enhanced as a more serious offense if certain facts are present during your arrest. Examples of possible prescription drug possession enhancements:

➨ Drug Manufacturing
➨ Priors for Dealing
➨ Possession of Firearm
➨ In Drug-Free Zones
➨ Presence of Children
➨ On School Grounds or Within 500 Feet
➨ Dealing to a Minor
➨ On or Within 500 Feet of a Park or School Bus
➨ Dealing to Someone 3 Years One’s Junior
➨ And More

Even without enhancements, the penalties for prescription drug possession can be harsh…

POSSESSION:
➥ 0 Months to 1 Year in an Indiana County Jail Facility
➥ Probation up to 1 Year
➥ Fine up to $5,000 – Not including court costs and probation fees
➥ Class A Misdemeanor

DEALING – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

DEALING – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

DEALING – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Unfortunately, Indiana does not view drug addiction as a health epidemic, but rather a crime, if you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense attorney representing your legal best interests. Otherwise, you face the possibility of being sentenced to the maximum penalties for your crime.

If you or someone you know is struggling with addition, please refer to the National Institute on Drug Abuse for information that can help.

Prescription Drug Defense in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for prescription drug defense in Indiana. Our 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!

Do I Need a Lawyer for Traffic Court?

Posted on August 28, 2019 by admin

From the moment you get your drivers’ license, it is only a matter of time before you wind up being pulled over for a minor traffic offense. It is simply a part of the learning curve of operating a motor vehicle under Indiana state and federal laws. From broken taillights and expired plates, to speeding, illegal U-turns, running red lights, and more, there are plenty of minor to moderate traffic offenses that drivers can be cited for on the road. However, there are also quite of few serious traffic offenses, such as reckless driving, unlicensed driving, underage driving, intoxicated driving, and more.

If you were recently cited for a traffic offense, you are likely wondering what to expect from the process, including your personal obligations to resolve or satisfy the citation. One of the most common questions drivers ask regarding traffic offenses is whether or not they will have to go to court; and if so, whether or not they require a traffic court lawyer.

Continue reading to learn what you need to know about hiring a lawyer for traffic court.

Indiana Traffic Court

When you are given a ticket for a minor traffic offense, typically you would simply pay the fine by following all instructions on the documents provided by the issuing officer. But if you pay the fine, it is the equivalent of pleading guilty to the traffic offense. This is where traffic court comes into play; if you want to refute or contest the ticket, you will need to do so in a court of law. The instructions for notifying the proper authorities that you wish to appeal the ticket would also be included in the documents provided to you at the time of the citation.

Why go to court? Well, many traffic offenses, such as speeding, will cause a driver to lose points on their driving record. In turn, loss of driving points can affect automotive insurance coverage, insurance rates, professional driving licenses, rental car eligibility, and more. Ultimately, the loss of too many driving points can result in a suspended or revoked drivers’ license.

When to Hire a Traffic Court Lawyer

If you believe that you were unfairly or falsely cited for a traffic offense, you can choose to represent yourself in traffic court. However, if your driving record is on the brink of serious penalization, and another traffic conviction might mean losing your driving privileges, it is wise to discuss your case with a licensed attorney. They can determine how strong or impactful your case is, and provide the proper legal guidance to avoid a traffic conviction.

Misdemeanor Traffic Lawyer in Indiana

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

What to Do if You Just Found Out About Your Arrest Warrant

Posted on August 23, 2019 by admin

Arrest warrants are serious court orders, but they are nothing to worry about so long as you choose the proper recourse. You never want to ignore an arrest warrant, because the legal circumstances surrounding the order will only worsen as time goes on. So the sooner you deal with a warrant, the less severe your penalties are likely to be.

If you just discovered that you have an arrest warrant in your name, continue reading to learn exactly what you need to do to protect your rights and preserve your freedoms.

Arrest Warrants in Indiana

An arrest warrant is a legal court order that orders your arrest on contact. Once a warrant is issued, all local law enforcement is immediately notified through a universal database to arrest you on the spot. Police can come looking for you at home, work or school, or even while you’re out with friends. For less serious offenses and infractions, police are not likely to come after you. Instead, you can get arrested on the spot during a routine traffic stop, or during any other type of police encounter that requires law enforcement to scan your name in their database.

If this happens, you will be arrested on the spot; even if you were just pulled over for having a taillight out. As soon as the cop runs your license through their system, the warrant will appear, and they have no other choice but to detain you on the spot and take you directly to jail. If you are pulled over in a traffic stop, your car will be towed to the nearest impound lot, and you will have to pay to get it out later.

Being arrested on the spot or hunted down by police for an arrest warrant is not an ideal situation. Nor do you do not want your warrant to turn outstanding. The legal consequences for ignoring or procrastinating on an arrest warrant are exponential, so you must deal with a warrant as soon as possible to make your life easier. Courts are not lenient on those who intentionally evade a warrant, so do the right thing and get your legal process in motion.

What You Need to Do

As soon as you become aware of an arrest warrant, or even a bench warrant, your first step is to hire a licensed Indianapolis criminal defense lawyer. From there, your lawyer will manage all aspects of your arrest warrant, which will eventually involve your physical surrender to the jail. Although you will actually have to turn yourself in and be arrested, with a lawyer handling your case, you will not have to stay in jail very long. In most cases of arrest warrant surrenders, defendants are in and out in as little as one hour.

Where to Get Help With Your Arrest Warrant

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for help managing your arrest warrant in Indiana. Not only can he get you out of jail quickly, he will build a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

Are You Innocent of a Recent Criminal Charge in Indiana?

Posted on August 19, 2019 by admin

If you were recently arrested and charged with a crime that you are not guilty of, you should be worried. That is because, unfortunately, many innocent suspects are found guilty when they really aren’t. Naturally, the outcome of your case will depend on the skill of your criminal defense lawyer.

For these reasons, your number one priority when facing a conviction for a crime you did not commit is to retain adept, experienced, and aggressive criminal defense. Otherwise, not only can you risk being convicted, you risk being sentenced to the maximum penalties, which can include jail or prison. Furthermore, a conviction can linger in your life forever, affecting everything from your education and career, to your social life, child custody, and more.

If you were recently charged with a crime that you did not commit, continue reading to learn exactly what you need to do, starting RIGHT NOW.

Contact a Qualified Lawyer ASAP

Innocence is very difficult to prove on your own. You need a skilled criminal defense attorney who knows the law, the court system, the prosecutors, and magistrates. You need an experienced criminal defense attorney who knows how to build a strong and impactful defense in order to protect your rights and preserve your freedoms.

You Need David E. Lewis, Attorney at Law…

David E. Lewis, Attorney at Law is a licensed defense lawyer with more than 25 years of experience practicing criminal law, and has developed an extensive understanding of the how the justice system works in Indiana. He has a passion to reunite his clients with their loved ones so they can get back to leading a happy and law-abiding life after a distressing criminal case. The Law Office of David E. Lewis provides aggressive criminal defense for anyone charged with a crime in Indiana. And although based out of Indianapolis, our firm’s legal services are available to clients in all cities and counties within the state.

Start With an Easy Phone Call

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!

What Happens if I Do Not Show Up For My Court Date?

Posted on August 15, 2019 by admin

When it comes to facing criminal charges, you will, without a doubt, have to go to court. Although most court hearings, such as arraignments, can be handled by your lawyer without your presence, there are other court dates that do mandate your appearance. And forgetting or neglecting to show up for such court dates is not like missing a doctor’s appointment.

Continue reading to learn more about criminal court appearances, and what to expect if you do not show up for yours.

Criminal court dates are mandatory. When a person is facing criminal charges, or is involved in a criminal proceeding, they are legally obligated to show up for all court hearings. Missing a court date is referred to as a “failure to appear” or “FTA”, and it is a crime punishable by law. A person will face serious criminal charges in addition to the ones they were already charged with prior to missing their court date.

Without the help of an experienced criminal defense attorney, those charged with FTA will likely be sentenced to the maximum penalties decreed by their state. Depending on where they live and their criminal history, these penalties will vary. Continue reading to learn more about FTAs and what to expect if you are facing a similar charge in your town.

Bench Warrants

If a person misses a mandatory court hearing, they will be issued a bench warrant. This is a type of arrest warrant that demands a person’s presence on the judge’s bench. When a person has a bench warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. They can post bail and be released from police custody in most cases, but they will have to sit in jail for at least a few hours.

A person must face the judge once again, not only for their past matters, but for new criminal charges as a result of missing their court date. That means a separate set of penalties on top of the ones they were facing with their original charges. However, the severity of penalties for an FTA generally depends on the seriousness of the original crime a person was charged with. Penalties also vary by state. Look below for an example of misdemeanor crimes and felony crimes.

Here in Indiana…

Misdemeanor Crimes – A Failure to Appear charge will be penalized as a Class A Misdemeanor if the original crime was a misdemeanor. Class A Misdemeanors are punishable by up to 1 year in jail and $5,000 in fines.

Felony Crimes – FTAs charges are penalized as Level 6 Felonies if the original criminal charge was a felony offense. Level 6 felonies are punishable by 6 months to 3 years in jail and up to $10,000 in fines. Sometimes they can be reduced to Class A Misdemeanors for first-time offenders.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis. 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.