Are Ponzi Schemes Illegal?

Posted on June 17, 2019 by admin

A Ponzi scheme is formally known as a “pyramid scheme” or “pyramid promotional scheme”, and it is a felony white collar crime here in Indiana. Continue reading to learn more about these crimes, including some common history facts, probable legal penalties, and what to do if you are charged with a similar fraud offense in Indiana.

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Indiana Pyramid Schemes

A pyramid scheme is any type of operation that recruits participants who give over $100 for the opportunity to make more money by getting others to also become participants. In Indiana, the law defines pyramid scheme promotion or involvement as “persuading one or more individuals to join the scheme”, or “helping another person promote the scheme.”

Pyramid Scheme History

The meaning behind the colloquial term, “Ponzi” dates back in recent history to a man named Charles A. Ponzi, an Italian-born American swindler who was infamous for paying out returns using other investor’s money during the early 20th century. Although he was eventually caught and prosecuted, the immoral practice still occurs to this very day.

In fact, one of the most notorious pyramid scheme scams happened right here in Indiana back in 2012 when a financier named Tim Durham was convicted of conning nearly 200 million dollars from elderly investors. Another Hoosier by the name of John Marcum was charged by the Securities and Exchange Commission (SEC) for developing a $6 million Ponzi scheme in 2013.

Pyramid Scheme Laws and Penalties

According to Indiana Code 24-5-0.5: Deceptive Consumer Sales Act, “A person who founds, operates, or publicizes a pyramid scheme (a program where a participant gives over $100 for the opportunity to be compensated for getting others to join the program) commits a deceptive act under the Deceptive Consumer Sales Act.”

The state law allows a person to sue a Ponzi scammer in civil court if they suffered more than $500 in damages. The court, however, has full discretion to award 3 times the actual damages, or $1,000, as well as, lawyer fees, court costs, and even punitive damages for particularly egregious scams. Additionally, the law allows victims to join together and file a class action lawsuit against the pyramid scheme offender.

Pyramid Scheme Charges

If a person is charged with a pyramid scheme offense in Indiana, they face being convicted of one or more types of white collar crimes, including theft, money laundering, securities fraud, conspiracy, and more. It all depends on the details and scope of their offense. The common penalties that come along with such convictions include jail time, large fines, community service, probation, parole, house arrest, and restitution.

Indiana White Collar Crime Legal Defense

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indiana white collar criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

Can a DUI Charge Affect My Right to Child Custody?

Posted on June 12, 2019 by admin

Drunk driving charges and convictions can have all sorts of impacts on a person’ life. But what many do not recognize until much later is, such circumstances also affect family and loved ones. In fact, many defendants ask whether or not they can lose full or partial custodial rights if they are arrested, charged, or convicted of an intoxicated driving offense. Both mothers and fathers ask, “Will my kids be taken away?” “Will I lose visitation?” “Will my ability to regain custody be affected?”

If you are asking these same types of questions, whether for yourself or on behalf of a loved one, continue reading to learn what you need to know about DUI charges and child custody in Indiana.

Indianapolis Drunk Driving Attorney 317-636-7514

DUI Penalties

If a person is arrested for a DUI, their impending charges will vary depending on the details of the offense and arrest. For instance, if a person has an unregistered gun or drugs in their possession at the time of the arrest, they will face more severe penalties than a standard 0.08BAC drunk driving arrest with no priors.

Potential enhancements depend on several factors, but the most common types of enhancements to drunk driving charges include operating a motor vehicle with a BAC of 0.15% or higher, drunk driving with a minor as a passenger, drunk driving that causes another person bodily injury, and drunk driving that causes the death of another person.

Indiana Penalties for DUI Convictions:

FIRST DUI – Class C Misdemeanor

⇾ 60 Days to 1 Year in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension Up to 2 Years
⇾ Fines Up to $5,000

SECOND DUI – Level 6 Felony

⇾ 5 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 ½ Years
⇾ License Suspension 6 Months – 2 Years
⇾ Fines Up to $10,000

THIRD DUI – Level 6 Felony

⇾ 10 Days to 2 ½ Years in Jail
⇾ Probation Up to 2 Years
⇾ License Suspension 1 – 10 Years
⇾ Fines Up to $10,000

DUI Crimes and Child Custody

When you are contesting, requesting, or negotiating for child custody in court, you must demonstrate to the judge that giving you rights to child custody, in any aspect, is in the best interest of the child. Therefore, if you have multiple arrests and DUI convictions, it is possible that a judge would not be willing to grant full or partial custody, but rather, supervised visitation or similar setup. On the other hand, if you were convicted of your first DUI, and you have no criminal priors, a judge may be willing to overlook it if you can further demonstrate that you are living a healthy and responsible lifestyle.

Hire an Aggressive DUI Lawyer for Help

The best way to ensure your custodial rights are protected and preserved after being arrested for a drunk driving offense is to retain professional criminal defense representation. But not just any lawyer will do; you need an aggressive attorney who is well-versed and seasoned with DUI cases, and knows exactly how to build a defense to avoid the maximum penalties for your charges.

Call David E. Lewis, Attorney at Law, Today

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana DUI defense attorney, David E. Lewis, 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 criminal charges.

What are Legend Drugs?

Posted on June 7, 2019 by admin

If you are on the prescription drug spectrum, whether as a medical professional, user, addict, or patient, you may have heard of the term, legend drugs. Continue reading to learn what you need to know about such drugs, including how to avoid the maximum penalties for prescription drug charges in Indiana.

Indianapolis Prescription Drug Lawyer 317-636-7514

Legend Drugs and the Law

Legend drugs, simply known better as prescription drugs, can be both controlled narcotic substances and non-narcotic drugs. They are drugs that are approved by the U.S. Food and Drug Administration (FDA) for dispersal to the public. However, both state and federal law require legend drugs to be dispensed only with a prescription from a licensed physician or other licensed provider.

Aside from medical practitioners, such drugs can be authorized by veterinarians, dentists, optometrists, and other licensed medical professionals. Nurses, medical assistants, midwives, emergency medical technicians, social workers, and even psychologists are not legally authorized to write prescriptions or disperse such drugs.

Prescription Drug Charges

Here in Indiana, it is against the law to a) forge prescriptions, b) write prescriptions as a medical professional to a patient that does not require them, c) write prescriptions as a non-authorized medical professional, possess controlled narcotics without a prescription, and sale, distribute, and transport controlled narcotics. Check out the levels of punishment for some of the most common prescription drug crimes, below. These are without enhancements and priors.

? Possession:

Class A Misdemeanor
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.

? Fraud:

Level 6 Felony
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison.
Probation up to 2 ½ Years.
Fine up to $10,000 – Not including court costs and probation fees.

? Dealing (Less than 5 grams):

Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.

? Dealing (5 – 10 grams):

Level 3 Felony
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison.

? Dealing (Over 10 grams):

Level 2 Felony
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison.

*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.

Criminal Defense for Drug Crimes in Indiana

Sadly, Indiana does not see drug addiction and usage as a health epidemic, but rather a crime, which means there will always be a need for a hard-hitting criminal defense drug crime lawyer. If you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense lawyer on your side.

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana prescription drug crime 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

What You Need to Know About Immunity in a Criminal Case

Posted on June 4, 2019 by admin

As a defendant in a criminal case, you should be fully aware of your 5^th amendment right, which protects you from self-incrimination. Neither courts nor law enforcement can force you to give up incriminating information about yourself, as well as, information that can lead to the discovery of incriminating evidence. This is your constitutional right as a U.S. citizen. Often times, this right is coupled with a common judicial practice known as immunity. Basically, if you are willing to cooperate and give up vital information that can help a legal case, you may be granted immunity from the maximum penalties for your part in the crime.

Continue reading to learn what you need to know about immunity, including the various types, relinquishment, and who to turn for trustworthy legal advice about testifying in court.

What is Immunity?

Legaldictionary.com defines Immunity in a criminal case as, “an exemption from criminal prosecution, or punishment on certain conditions.” So, if a person is suspected of a crime, the prosecutor might grant them immunity in exchange for information about related criminal activity, or to testify against someone in court. Overall, immunity in a criminal case is used to help prosecution obtain information about criminal activity.

Two Kinds of Immunity

There are two primary types of immunity grants used in judicial law: transactional immunity and use/derivative use immunity. Transactional immunity protects defendants from being charged in the future for the crimes they are currently suspected of or testifying about. What makes this approach interesting is that it is not recognized by federal law, yet many state laws permit transactional immunity.

Use and derivative use immunity is very similar to the foundation of transactional immunity, but with a much higher level of restrictions. If a person is granted this type of immunity, prosecution cannot use any of their statements, or any evidence exposed by their statements, against them. For this reason, it is typically offered more often by prosecutors than transactional immunity.

Waiving Immunity

Another interesting fact about immunity in a criminal case is that a defendant can relinquish their rights to immunity at any time. If they do so, prosecution can legally bring about criminal charges against them for any statements they made, or any evidence that was founded as a result of their statements.

Who to Talk to For Trusted Criminal Defense Advice

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your charges. 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!

FAQS About Workplace Discrimination

Posted on May 29, 2019 by admin

Discrimination is against the law, therefore, it is a crime. When it comes to your job, the law protects you against such injustice, as your workplace should be a safe place, both physically and mentally. If you suspect that you are experiencing any form of discrimination or harassment amid your coworkers or superiors, it is important to educate yourself on your legal rights of action.

Continue reading to review some of the most frequently asked questions about workplace discrimination, including what you should do if you are charged with this crime.

Indianapolis Criminal Defense 317-636-7514

What is Workplace Harassment and Discrimination?

Any person who is refused employment, paid less, given separate rules and conditions, demoted, bullied, or fired due to the following is considered a victim of workplace discrimination and/or harassment:

✔ Age
✔ Race, Color, Ethnicity, and National Origin
✔ Religion
✔ Gender and Gender Identity
✔ Genetic Information
✔ Sexual Orientation
✔ Familial and Marital Status
✔ Pregnancy
✔ Disability and Handicaps
✔ Recipient of Public or Governmental Assistance
✔ Membership of Local Human Rights Commission

What are Examples of Workplace Harassment and Discrimination?

Now with a basic understanding of what workplace discrimination and harassment is, you can imagine what it might look like in a real setting. The possible circumstances of discrimination and harassment in the workplace are vast, and can come in many forms. Victims can range from men and women, to mangers and superiors themselves. Here are some detailed examples of what discrimination and harassment look like at work:

⇉ You are called racial slurs and derogatory names by your fellow employees regarding your ethnic background or appearance.

⇉ You are refused a promotion due to being pregnant.

⇉ Your superior makes sexual comments or asks you on a date, and threaten to demote or fire you if you do not comply.

⇉ Your manager scolds you and insults you regularly for not being able to speak fluent English.

⇉ You are demoted or fired for being too old, even though you have worked for the company for several years and still qualified for the position.

⇉ You ask your superior to use an empty office during your breaks for prayer time, but they refuse, even though they allow all the other employees to use it for their breaks.

Will I Be Fired or Reprimanded for Filing a Complaint at Work?

The solid answer to this question is, “NO.” You cannot get in any type of trouble for filing a harassment or discrimination complaint at work. It is against the law for employers to reprimand or mistreat any employee who does so. In fact, if you are penalized or fired for filing such a complaint, you may have legal grounds to sue.

What Can I Do if I am Being Discriminated or Harassed at Work?

If you suspect that you are a victim of workplace discrimination or harassment, start by keeping a journal. Write down the dates, times, comments, and detailed descriptions of every situation that does not feel appropriate to you. From there, you should make a report within your company regarding the discrimination or harassment.

What if My Company Does Not Help or Reprimands Me?

If you receive no help from your company, or worse, get reprimanded or further discriminated against as a result of filing a complaint, it is important to discuss your case with a seasoned Indianapolis criminal defense lawyer who can help you understand the terms surrounding your case. They have the knowledge and resources to carefully evaluate the unique circumstances of your case and recommend viable options for litigation.

What if I am Charged With Workplace Discrimination?

If you are charged with the crime of workplace discrimination, whether as an employee or employer, it is vital that you seek legal guidance as soon as possible. Talk to an Indianapolis criminal defense attorney who can help you build a strong and impactful defense to protect you against the maximum penalties for your criminal charges. In most cases, such crimes are entered into civil court, rather than criminal court, which means you will likely face a load of fines and ordered to pay recompense to the victims.

Get Started With a Free Consultation

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with a skilled Indianapolis criminal defense lawyer and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!

Critical Questions and Answers About Indiana Criminal Charges

Posted on May 24, 2019 by admin

Everyone has questions following an arrest or investigation. Getting accurate answers to your legal questions can provide the lawful insight you must have in order to fully comprehend your criminal charges and possible maximum penalties. The best course of action for obtaining this level of legal guidance and knowledge is to schedule a meeting with a reputable criminal defense law firm.

In the meantime, it will help your understanding to review some of the most important questions and answers regarding criminal defense and criminal law. The more familiarity you have about the Indiana judicial system, the wiser your decisions can be regarding your legal matters.

Am I Mandated to Answer Police Questions After Being Arrested?

According to the 5th Amendment in the United States Constitution, you have the right to remain silent. You also have the right to an attorney, which should be used AS SOON AS POSSIBLE. Call Attorney David E. Lewis before charges are filed against you, and let him do the talking for you. He may be able to present your side of the story to the police before they file, and get your charges dismissed. This cannot happen once charges have even filed, so call from the jail cell or the moment you are released from jail.

Can I Talk About My Criminal Case With Friends and Family?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

What Does a “Washout” Period Mean in Indiana?

Indiana has a look back period of 5 and 10 years called a washout period. This is the time period in which prosecution “looks back” upon to check for prior convictions on a person’s criminal record following an arrest. As you know, priors are enhancements and make the penalties for criminal charges more serious.

What are Advisory Sentences?

An “advisory sentence” is a guideline that the court may voluntarily consider as the midpoint between the maximum and minimum sentence for a certain crime. For example, if a person commits a Level 6 Felony having no priors, they are facing a minimum of 6 month, up to 2 ½ years maximum in prison, with an advisory sentence of 1 year.

A Friend was Convicted of the Same Offense. Will I Have the Same Penalties as Them?

Never believe what inmates, friends, or other people tell you about similar cases. It is important to remember that EVERY CASE is different and retains its own set of unique qualities and circumstances. This is why it is important to have a custom defense built for you by a competent and experience criminal attorney who can use the law in your favor to reduce or dismiss your charges. Call David E. Lewis, Attorney at Law, at 317-636-7514 for personalized legal representation you can trust.

Do I Have to Go to Jail?

There is no way of knowing the future. Even if the law says a certain crime is punishable by a certain amount of jail time, every case is different and courts may decide to reduce charges by eliminating jail time or entering into alternative sentencing agreements. In Indiana, community service is often substituted in place of serving jail time. It all depends on the skills of your defense lawyer and your criminal record.

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

How Much Does a Criminal Attorney Charge?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

Have More Questions?

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges.

Here’s What You Can Do to Improve Your Criminal Case

Posted on May 20, 2019 by admin

Your criminal defense lawyer is ultimately your most influential weapon against the maximum penalties for your criminal charges. For this reason, it is vital, for both protecting your rights and preserving your freedoms, to hire a seasoned and qualified attorney to build your defense. However, the fate of your legal proceedings are not entirely reliant on your lawyer; there are things you can do as well to help improve the outcome of your case.

Continue reading to learn what you can do to help your own criminal case, including who to trust to build you a strong and impactful defense to avoid the maximum penalties for your charges.

Indiana Criminal Defense Law Firm 317-636-7514

If you are facing criminal charges in Indiana, your fate is mostly in the hands of the state prosecutor’s office since they have complete discretion over giving you a plea deal, and what goes into the agreement altogether. This is another reason why you must choose a seasoned and qualified lawyer for your defense; they are likely to have longstanding relationships with the local prosecution and magistrate community.

When it comes to prosecution giving you a plea deal, there are various factors that influence their decision. Such factors include criminal history, behavioral conduct with law enforcement, substance abuse, severity of crime and whether or not it involved bodily harm to another person, and more. It may seem like there is nothing you can do to alter their decision-making process, but that is not true.

Here are two things you can do that might help your case:

❶ Create a Sentencing Memorandum

Your criminal defense lawyer can draft a document referred to as a “sentencing memorandum”, which basically illustrates an accurate depiction of your life and who you are as a person. Topics to include in this document include your employment, level of education, goals, contribution to the local community, explanation of your criminal history, reason for committing the alleged crime, conduct since the arrest, role as a partner, spouse, parent, or legal guardian, and similar personal details about your life. This document can show the prosecution that you are not defined by your alleged crime, nor a threat to your community.

❷ Gather Character Reference Letters

Another great way to improve the outcome of your criminal case is to gather a collection of character reference letters from important members of your family, friends, co-workers, employers, and local community. These letters should be written by those you trust to be honest, yet supportive of your reputation. Examples of people to ask for character reference letters include employers, teachers, professors, mentors, friends, children, and even religious leaders. Within these letters, you would need to also include forms of verification, such as employment records, school transcripts, college acceptance letters, certificates and awards, attendance logs, doctors’ letters, and more.

Get Aggressive Criminal Defense in Indiana

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building 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 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.

Where Can I Search for Nationwide Public Record Information?

Posted on May 15, 2019 by admin

You can have access to public records and information on virtually anyone who lives in the United States of America. If you want to access someone’s public records, all you have to do is know where to look. In fact, it is wise to look at your own personal records to ensure your report is correct, and to learn where you can make improvements or set certain restrictions.

Continue reading to learn the best avenues and portals for locating nationwide public records within the country, and who you can trust for reliable legal advice regarding your past criminal records.

Indiana Criminal Record Expungement 317-636-7514

What Do Public Records Show?

Public records are exactly what they sound like; a database that acts as an official reporting of all facts related to a person that are accessible to any member of the community. They generally include personal information on an individual, starting from their birth, and ending with their death. Such records keep track of traffic offenses, contact info, deeds and mortgages, social media info, political party affiliations, owned businesses, owned websites, voter registration, election records, court records, births, deaths, marriages, and of course, state and federal criminal records.

Where to Look for Public Records:

✅ DMV

The local Department of Motor Vehicles is a great place to start if you are trying to locate personal or public information on a person in the country. Or just visit the Indiana DMV Public Records page if you are looking for public records within the state.

✅ County Clerk’s Office

You can also visit your local County Clerk’s Office to request public records on any individual within the local county. You will likely have to fill out some forms, show some identification, and wait a few days for the records to be organized into a document for you. There might also be a small fee.

Criminal Record Improvement

If you perform a background check on yourself, and do not like the information that is available to the public, there may be something you can do about it, so long as you qualify. Talk to an Indiana criminal record expungement lawyer to learn your eligibility for sealing or expunging past criminal and court records from your personal record. They can help you petition for expungement, which upon granting, can improve various aspects of your life, such as employment, housing, loans, and confidence.

Indianapolis Criminal Record Expungement Help

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal or expunge arrest records in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation, today.

How the Law Office of David E. Lewis Sets the Bar High for Criminal Justice

Posted on May 9, 2019 by admin

When you are a client of criminal defense attorney, David E. Lewis, you can expect high standards from start to finish. He and his legal team provide professional 24/7 client communication and unparalleled client support. We understand that our clients’ needs don’t revolve around convenient office hours.

This is why we are always available by means of email or phone, and remain prepared to take action whenever our client’s, or their case, calls. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. We leave no stone unturned when fighting our clients’ criminal charges.

Continue below to learn why the Law Office of Attorney David E. Lewis is the right choice for your criminal defense in Indiana!

David E. Lewis Attorney at Law 317-636-7514

Our Company Pledge

We vow to never give up or back down. We use every resource in our power to preserve our clients’ freedoms and protect their rights in all ways, including:

☑ Building a Custom Defense for Each Individual Client

We are determined to win an advantageous outcome in court for clients that have been charged or convicted of a misdemeanor or felony in Indiana. He uses his cunning knowledge of law, as well as his extensive trial and litigation experience, to aggressively represent his clients in both state and federal courts.

☑ Keeping Clients Fully-Informed at All Times

Our law firm understands that an arrest in the family is troubling, and everyone has several questions afterwards. This is why we work side-by-side with our clients from start to finish, guiding them throughout the entire criminal process safely and securely, all while working to win them a better outcome in court.

☑ Respecting All Clients & Never Passing Judgement

We recognize that people make mistakes, and sometimes get caught up in the wrong place at the wrong time. The law office of David E. Lewis is committed to being a strong and reliable helping hand that stays firm in order to safeguard our client’s legal rights and re-open doors for them so they may have an opportunity for a second chance in life.

Our Mission

Our hope for all our clients is simple: That they may be reunited with their families and loved ones, and get back to leading a happy and law-abiding life after a distressing arrest. Attorney, David E. Lewis can accomplish this for many people charged with a crime in Indianapolis, Indiana.

Start Today!

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. From there, will develop the best strategies for your defense so that you can avoid the maximum penalties for your criminal charges in Indiana.

What You Can and Can’t Legally Do When Stopped By a Cop

Posted on May 7, 2019 by admin

When you are stopped by police, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you.

Continue reading to learn what you need to know about being stopped by a cop, including how long an officer can detain you without making an arrest and more.

Cop Stops

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What to Expect

During a typical cop stop, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may request additional documents, including vehicle registration, drivers’ license, car insurance, and title.

How to Conduct Yourself

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused.

Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward. If you believe you were wrongfully arrested or treated by police, or detained or held in custody for too long without being charged for a crime, you should contact an Indianapolis criminal defense attorney for help.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, 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 criminal charges.