Whether facing criminal charges, preparing for a citizenship
exam, or simply curious about our country’s governmental workings, you are wise
to learn the three parts of our federal system. Continue reading to review some
basic facts surrounding each part of our federal government, as well as, what
you should do if facing felony charges.
Felony Defense Law Firm 317-636-7514
Our Federal Government System
The 3 parts of our federal government are Executive, Legislative,
and Judicial. The headquarters for all three branches are located in Washington
D.C., our Country’s Capital. Although it borders Virginia and Maryland, Washington
D.C. is inside the District of Columbia (DC), which is a federal district not a
part of any one state. Here is a brief explanation of each branch, including
what they do and who is in charge of their procedure.
? Executive
As you might have already deduced simply by the name, the
executive branch is the highest branch in the federal government, and
therefore, has the most power and influence. This branch of government includes
the President of the United States, and around 5 million additional employees
who are in charge of enforcing laws set forth by Congress, which makes up the
next branch of government.
? Legislative
Also known as Congress,
the Legislative branch of the federal government includes the Senate and the
House of Representatives. There are 2 senators for each state, making 100 total
in the Senate, and 495 representatives. This branch is in charge of creating
laws, which are then enforced by the Executive branch, and interpreted by lower
court systems and judges in civil and criminal cases.
? Judicial
The judicial branch of the federal government is in charge
of interpreting the laws set forth and enforced by the upper branches of the
government, and then applying their interpretations to rule on civil and
criminal cases. This branch includes the Supreme Court, as well as nine U.S.
Justices. A Justice is a superior, specialized judge who only interprets cases
and laws that pertain to the U.S. Constitution.
Facing Felony Criminal Charges?
Call 317-636-7514 to schedule a consultation with aggressive Indiana felony 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.
When someone uses a checking account to pay for something, but they have insufficient funds in the account they are paying with, it is referred to as writing a bad check, or bouncing a check. But under state and federal law, it is called check fraud. There are various reasons why a person might write a bad check, both knowingly and unknowingly. In tough times, someone might write a bad check for something they know it won’t cover because it’s simply their only option to get by. Others might accidentally write a bad check due to innocent accounting errors.
Regardless of why a person writes a bad check, penalties can
be at play if restitution is never made. Such penalties can include arrest,
criminal charges, fines, probation, reimbursement, community service, and
perhaps even jail.
Continue reading to learn more about check fraud laws in Indiana,
and what you need to do to ensure your rights are protected following an
arrest.
Indianapolis Check Fraud Lawyer 317-636-7514
Writing a Bad Check
If you write a bad check, the penalties you face will depend
on the circumstances of the incident. For instance, if you write a bad check for
your car payment, your leaser will contact you and ask for an alternative form
of payment. If you cannot make that payment, your car might be repossessed until
you can. The more time you take to satisfy this payment, the more fees will add
up. If you never make the car payment, the company can sue you in civil court
for recompense. Furthermore, you would be flagged as a high-risk leasee, and
will have trouble leasing other cars in the future.
This same scenario is likely to apply to all retailers, vendors,
and municipal companies. In most cases, the party being paid will just contact
you and ask for a new payment; and if you neglect to satisfy the debt, you can
face being sued by them in civil court. In some states, the law permits plaintiffs
to sue for up to three times the amount of the original check.
In cases that a person crosses the line into a more serious
type of fraudulent bank activity, the situation can turn into a criminal
matter. In fact, such cases can render both civil and criminal repercussions.
Check Fraud
Check fraud, also referred to as debit card fraud or bank
fraud, is a different type of illegal check-writing activity. Under Indiana
law, it is considered an act of check fraud when a person intentionally defrauds
or deceives another party by writing a check knowing there aren’t sufficient
funds to cover the amount on the check, and as a result, that the check is
rejected when presented to the bank.
Fraud crimes are charged as either misdemeanors or Level 6 felonies, depending on the particulars of a person’s case. In Indiana, bank fraud is generally charged as a Level 6 Felony, which comes with 6 months to two and half years in jail, up to $10,000 in fines, and several court orders, such as restitution, community service and probation.
In order for a bank fraud charge to turn into a conviction, two facts must be proven beyond a reasonable doubt:
☛ The defendant knowingly carried out a scheme to defraud a bank or other financial institution
☛ The defendant knowingly carried out a scheme to gain financial assets in the possession of a bank or other financial institution.
Are You Facing Fraud Charges in Indiana?
Call David E. Lewis, Attorney at Law at 317-636-7514 for to speak with a seasoned Indianapolis criminal defense lawyer about your bank fraud charges 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!
Last week, we cleared up the confusion regarding the
difference between burglary crimes and robbery crimes. Today, we will continue
the discussion of Indiana theft laws and penalties by outlining the difference
between two very common types of theft that involve cars: car theft and grand
theft auto. Continue reading to get started.
Grand Theft Auto Lawyer 317-636-7514
Car Theft
Grand theft auto is the same offense as car theft. If a
person steals a vehicle with the intent of keeping it, or not returning it, it
is considered the crime of grand theft auto.
Theft of a motor vehicle is a Level 5 Felony crime in Indiana,
which are punishable by 2 to 8 years in prison, up to $10,000 in fines, and
additional strict penalties. The type of felony and subsequent penalties can increase
depending on the details and circumstances of the crime. Furthermore, auto
theft does not apply to just cars and trucks; it also includes boats,
motorcycles, campers, and other vehicles.
Criminal Conversion Theft
If a person commits theft of a vehicle without the intention
of depriving the property forever, Indiana will charge this as “criminal
conversion” instead of a felony theft charge. An example of criminal conversion
would be borrowing a person’s car without their permission, but with the intent
of returning it when finished. If you commit this crime, you could face Class A
misdemeanor criminal charges. In some instances, Indiana will charge a person
with a Class A misdemeanor if the property value is under a certain dollar
amount; and amount that is generally at the prosecutor’s discretion.
Unauthorized Use (Joy-Riding)
If a person takes another person’s vehicle without permission with the intent to return it, they are violating Indiana’s Unauthorized Control of a Vehicle Statute, a crime commonly called joy-riding. Although it is a crime, it is not a car theft crime. Instead, it is charged as a less serious misdemeanor crime.
Car Rental Theft
In the case that a person rents a vehicle from a commercial
business, and then fails to return it after 30 days of signing the rental car
agreement (or 3 days following a written demand for the vehicle’s return), then
they are guilty of an auto theft crime. If a written or mailed demand for the
vehicle’s return is sent to the address on the signed agreement (in which case
they would have 3 days to comply), but the person no longer lives there, they
cannot use that as a defense.
Obtain an Aggressive Car Theft Lawyer in Indiana
Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with grand theft auto in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing car theft 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!
Theft is an umbrella offense, meaning it is a category that
encompasses a larger scope of crimes. Two of the most common types of theft
crimes are burglary and robbery. In fact, you have likely watched movies
depicting sneaky burglars and quick-handed bank robbers. But many assume these
two terms are synonymous, when in fact, they are quite different; especially when
you ask the law.
Continue reading to learn what these two crimes mean, and
what you need to do if you or someone you love is facing theft charges in Indiana.
Indiana Robbery Criminal Attorney 317-636-7514
The Crime of Theft in Indiana
According to the statute decreed in Indiana Code § 35-43-4-1, “A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft.” Whether the crime of theft is burglary or robbery has a big impact on the severity of punishment an offender faces if caught by the authorities.
Burglary
A burglar is someone who breaks and enters into private commercial or residential property for the purpose of committing a felony or stealing something of value that does not belong to them. Here in Indiana, all forms of burglary are felony crimes, but ones that occur in a home or dwelling, or with the use of a deadly weapon, carry even higher punishment. The type of felony one faces depends on the type of structure or property they broke into, as well as, any existing enhancements (gun possession, deadly weapon, etc.). See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.
A robber is someone who uses force, intimidation, or violence against another person to commit a crime of theft. When an offender uses a deadly weapon to commit robbery, it is considered armed robbery, and is a more serious offense. See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.
If a person enters a bank, holds up a gun, and demands cash
from the teller, they are robbing the bank. If they were to have broken into
the bank after hours and stole from the safe, it would be considered burglary.
If a person walks up to an old lady and uses a knife to steal her phone, he is robbing her. If the same person were to have taken the phone from the old lady’s pocket when she wasn’t looking, he would have committed pick-pocketing, which is not robbery.
How to Defend Your Theft Charges
Theft is a common crime here in the United States, but it comes in many different shapes and forms. Accordingly, it also comes with a wide scope of legal penalties, all of which depend on the severity of the crime itself, as well as other mitigating and aggravating factors. If you are suspected of theft crimes, your first and only priority should be to consult with a seasoned criminal defense lawyer who can build you a strong and impactful defense that will help you avoid the maximum penalties for your charges.
Indiana Theft Lawyer
Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana theft charges, today. Whether charged with robbery or burglary, 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!
Most might laugh at the idea of a police officer handcuffing and detaining a kid. But the truth is, “kids” are arrested every day, and for a wide range of criminal infractions and offenses. The key here when answering the question of legality is your definition of “kid.” A kid can be both a minor and a juvenile, depending on their age. Once you know which legal categorization applies to your children, you can better understand which types of criminal penalties they might face in the case that they are caught breaking the law.
Continue reading to learn the difference between a minor and a juvenile, and whether or not a cop can arrest them in Indiana.
Juvenile Criminal Lawyer 317-636-7514
Minor vs. Juvenile
A minor is any person that is prohibited to perform a
certain activity, such as driving a car, voting, and drinking alcohol. For
instance, a person under the age of 21 is a minor when it comes to alcohol
consumption, but not for smoking or voting, and a person under the age of 18 is
a minor when it comes to smoking or voting. In contrast, juveniles are
specifically persons between a certain ages. So, a minor can also be a juvenile.
State Laws for Minors and Juveniles
Minors can be anyone between the ages of 16 years old and 21 years old, depending on the law in question. So yes, cops can and will arrest minors if they are caught breaking the law. The type of court system they are tried in will depend on whether or not they are under or over 18 years old. For instance, if a 17 year old is caught smoking and in possession of cigarettes, they can face criminal charges in the juvenile court system. If a 20 year old is caught consuming, buying, or intoxicated on alcohol, they will face charges in the adult court system.
Juveniles
Juveniles between the ages of 11 and 17 years old can be
arrested by a police officer if they are caught breaking the law. Every state
has their own set of laws surrounding criminal procedure and penalization of
juveniles, but all juveniles are generally tried in juvenile court. For
teenagers that are close to the age of 18 and have committed serious crimes,
such as murder, they will likely be tried as an adult. There are various
factors that influence the judicial course of action for a juvenile, which is
why it is imperative to speak with a licensed Indiana criminal lawyer who can
educate you on your child’s case and best strategies for defense.
Children Under 10 Years Old
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 child care industries. See our blog, “Do I Need an Attorney if My Kid is Arrested?” for help with legal guidance regarding children.
Juvenile Criminal Defense in Indiana
Call David E. Lewis, Attorney at Law, at 317-636-7514 if your child has been charged with a crime in Indianapolis or anywhere else within Central Indiana. Our law firm offers aggressive and experienced criminal defense for juveniles and minors who are 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!
A BIG announcement was made yesterday by the Marion County
Prosecutor’s Office regarding simple marijuana cases. Continue reading to learn
more about the legendary changes made to the Marion County laws surrounding
minor marijuana possession and consumption.
Indianapolis Marijuana Lawyer
317-636-7514
Standard Marijuana Penalties in Indiana
Traditionally, anyone who is caught in possession of, using,
distributing, selling, or manufacturing marijuana would be subjected to strict
criminal charges. For example, a person caught with under 30 grams of marijuana
that has no prior drug offenses would face up to six months in jail, up to $1,000
in fines (not including court costs and probation fees), and charged with a Class
B misdemeanor.
However, in a news conference in Indianapolis on Monday,
September 30th, the Marion County Prosecutor’s Office made a big announcement.
They have officially decreed that they will NOT prosecute minor marijuana offenses anymore! 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.”
He went on to say, “Our priority is violent crime. (…) We
are not going to mess around with these small possession of marijuana cases.”
Even the former chief deputy prosecutor acknowledged that
minor marijuana offenses were clogging up the court system, overcrowding jails,
and exhausting resources that should be put toward violent crimes.”
On the other hand, Indiana Attorney General, Curtis Hill, is
concerned about the prosecutor’s decision, stating, “I respect and support the
fact that prosecutors have absolute discretion in deciding when to file
criminal charges and how to allocate their resources. Typically, though,
prosecutors carefully exercise this discretion on a case-by-case basis rather
than proclaiming that in all cases they will ignore a particular state law not
to their liking. I am concerned that this proclamation in Marion County will
attract to Indianapolis people with a particular interest in communities where
drug enforcement is lax. It seems to me a curious strategy to put out a welcome
mat for lawbreakers in a community already facing challenges related to crime,
homelessness and other social problems stemming from drug abuse.”
And the Indianapolis Fraternal Order of Police is openly rejecting
the prosecutor’s decision, submitting a statement saying, “(…) While we
recognize and value prosecutorial discretion, our law enforcement officers have
significant concerns anytime a single person elects to unilaterally not enforce
a state law as a matter of practice or policy. We are attempting to better
understand the basis for this decision and any potential unintended outcomes.
In the interim, it is our understanding the IMPD Chief of Police has directed
officers to continue to enforce the laws as proscribed by the State of Indiana
and we strongly concur.”
What You Should Take From All This
So what does all this mean for Marion County residents and visitors? It means that anyone over the age of 18 years old will no longer face the above-mentioned criminal penalties for minor possession of marijuana. In fact, since the announcement, Marion County has dismissed eight out of ten minor marijuana possession cases.
Marijuana crimes that will continue to be prosecuted include driving while intoxicated (DWI), public consumption, growing, dealing, and trafficking. So do not go to the park and light one up. Only minor possession of marijuana is being dismissed as a chargeable offense. Furthermore, it is just Marion County that has made this announcement, which means that all other counties still adhere to the conventional state laws governing all types of marijuana offenses.
Expunging Marijuana Convictions
Not only is the Marion County prosecutor currently examining
over 350 pending drug cases to see where improvements can be made, he is planning
to assist those who have minor marijuana possession convictions with criminal
record expungement. So if you have been convicted of minor marijuana possession
in the past, talk to an Indiana criminal expungement lawyer as soon as possible
to learn your rights to sealing or destroying such records.
A Trusted Indianapolis Marijuana Crime Lawyer
Contact Attorney David E. Lewis at 317-636-7514 to learn everything you need to know about the new Marion County marijuana laws. If you are facing marijuana charges in Indiana, or any other type of drug charge, he can help you avoid the maximum penalties for your crimes. He will work around the clock using every resource in his grasp to build you an impactful defense that may reduce or dismiss your drug charges in Indiana. He also offers assistance with criminal record expungement, with rates starting as low as $850! Call to schedule a consultation, today!
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: 1st Offense – License Suspended 3 Months to 2 Years 2nd Offense – License Suspended 6 Months to 2 Years 3rd 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.
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.
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.
Juvenile Criminal Attorney 317-636-7514
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.
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.
Indiana Immunity Attorney 317-636-7514
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.
