How to Hire a Criminal Defense Attorney

Posted on January 30, 2019 by admin

Hiring a lawyer for your criminal case is not something you necessarily want to do, but it is something you need to do, and as soon as possible. A private criminal defense lawyer is your best chance at avoiding the maximum penalties for your criminal charges. If you are new to the legal process, and have never hired an attorney before, continue reading to a comprehensive guide on how to get started.

Step ❶: Look for Referrals

The first step in hiring a criminal defense lawyer is finding a reputable law firm to work with. This can be done by utilizing an online business search portal, such as Yelp or Angie’s List. Another great way to find a law firm in your area is to ask around. Seek referrals from people you know who have also needed a criminal defense lawyer. Ask them about their experience and whether or not they recommend the firm.

Step ❷: Filter Your Results

Once you have collected a list of law firms in your area, it is time to filter out the ones that are not well-suited for your particular case, and decide which ones are good candidates. Do this by looking at each law firm’s set of credentials, client testimonials, successful case results, and overall experience. You want to take it a step further and determine which law firm retains a lawyer on staff who has specific experience in your type of criminal charges.

Step ❸: Schedule an Initial Consultation

Most lawyers, regardless of field, offer free initial consultations to meet and discuss the best strategies for a case. Once you have found and filtered out various law firms, begin contacting the ones you are considering and ask about initial appointments. If they offer free initial appointments, move forward with scheduling one for yourself to get an up-close feel for the lawyer and law firm. Feel free to make initial appointments with other criminal defense lawyers, and then choose who you would like to represent your case.

Skip the Hassle and Call Attorney David E. Lewis

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

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

Can I Refuse a Dog Sniff Search of My Vehicle?

Posted on January 25, 2019 by admin

The legalities of open-air canine dog sniff searches have always been a hot topic in the criminal law field. The reality is that K-9 dog sniff searches are a common law enforcement practice, and take place frequently. So the legitimacies surrounding these stops and searches continue to be complex and quite ambiguous. Continue below to learn what you really need to know about canine searches.

The specifics of every individual traffic stop and dog sniff case are factually different, making it necessary to consult an experienced criminal defense attorney for a better understanding of canine dog sniff laws in your state, and how they might affect your case. Do this BEFORE you are faced with the question, “May I let the dogs sniff search your vehicle?” Because saying “no” to police can result in an instant arrest, suspended license, or worse, depending on what the laws are in your state.

Police K-9 Searches

K-9 dog sniff searches most often take place during a routine traffic stop. The legal standard for an officer’s right to pull a motorist over is vague. Essentially, law enforcement can stop a driver for almost any reason, so long as they have “good faith” or “a strong belief” that a motorist has committed a traffic violation. If later it is discovered that no traffic violation actually occurred, the police officer still had the right to make the stop.

However, if it is discovered that the officer stopped the motorist for invalid reasons, anything found in or around the vehicle is suppressed in court and cannot be used against the motorist. This is why a criminal defense lawyer will initially ignore the legitimacy of the dog sniff search, and first determine if the original traffic stop was valid to begin with.

When a defendant wants to prove the unconstitutionality of an open-air dog sniff search during a routine traffic stop, they must prove two facts in a court of law:

❶ There was no reasonable suspicion of criminal conduct taking place that would have validated prolonging the primary reason for the stop;

❷ Once the original reason for the stop was completed, they were detained for an unreasonable amount of time in order for law enforcement to carry out the open air k-9 search;

If an officer pulls a motorist over for a minor traffic violation, issues a ticket for the infraction, and completes the process for such a stop, they have no further reason to detain the person any longer unless they have reasonable suspicion that other crimes are afoot. For example, if the officer discovers a warrant for their arrest, or a suspended license, they have the right to take more time to investigate further.

But if the warrant check comes back clean and everything else is good, and the motorist is already issued a ticket for the original reason for the stop, law enforcement cannot detain the driver any longer. On the other hand, if a warrantless k-9 sniff is performed during the original stop, and before the officers’ duties of the stop are completed, the search and seizure procedures are NOT in violation of a motorists’ constitutional rights.

Contact a Criminal Defense Lawyer

Criminal Defense Lawyer Indianapolis Indiana — Criminal Defense Lawyer 317-636-7514

Talk to a licensed and experienced Indianapolis criminal defense attorney for a complete understanding of your traffic stop and resulting criminal charges. Trust Attorney David E. Lewis for professional and accurate legal advice you can trust. Call at 317-636-7514 to schedule a free initial consultation to discuss your case and the best possibly strategies for defense.

DUI Criminal Records vs. Driving Records

Posted on January 22, 2019 by admin

If you were charged with a DUI in the last ten years, this blog is for you. Continue reading to learn how your DUI conviction appears on your driving record and your criminal record, and how it affects both.

Criminal Record Expungement 317-636-7514

Driving Records

Every state is different when it comes to how long a DUI conviction remains on a driving record. For instance, states like Arizona have a 5 year period, while states like California have a 10 year period. Unfortunately, if you are a resident of Indiana, a DUI conviction stays on your driving record forever. But Indiana is not alone; additional states that have this same “for life” rule include Alaska, Ohio, Kansas, Oregon, Tennessee, Texas, and Vermont.

In Florida, DUI’s stay on driving records for 75 years, while New Mexico residents will have their DUI on record for 55 years. Those who can access driving records include government officials, law enforcement, and the drivers’ licensed branch. The general public would have a harder time accessing these records, which means you may not have to worry about having a DUI conviction on your driving history.

Criminal Record

A DUI is not just a driving infraction, it is also a crime. This means that a conviction will appear on your driving record, as well as your criminal record. For Indiana residents, a DUI conviction remains on a criminal record much like a driving record: forever. The only way to have a DUI removed or sealed from your criminal record is to have it expunged; however, there are various strict prerequisites for qualifying for criminal record expungement.

The list of those who can access your criminal records is much longer than the DMV list. Anyone can access criminal records because they are public, including employers, landlords, scholastic admissions committees, and even friends and family. For this reason, it is wise to consider expungement in your state.

Talk to a Criminal Record Expungement Lawyer TODAY

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

Call Attorney David E. Lewis at 317-636-7514 to petition for criminal record expungement in Indiana. Facing a DUI charge? We also provide aggressive DUI criminal defense! Our law firm offers free initial consultations to discuss your case. Whether you are looking to avoid the maximum penalties for your DUI charges, or you want to learn more about expunging them, we can help!

Should I Plead Guilty to My DUI Charge?

Posted on January 17, 2019 by admin

Anyone facing a pending drunk driving charge is asking themselves what to do next. One of the most common questions criminal defense lawyers hear from defendants charged with a DUI has to do with pleading. Clients want to know whether or not they should plead guilty for their alleged criminal charge.

If this sounds like your current legal situation, continue reading to learn what you need to know about pleading guilty to an intoxicated driving charge in Indiana.

Indianapolis Drunk Driving Attorney 317-636-7514

In a DUI case, a defendant is likely to receive a guilty conviction when prima facie evidence proves they were operating a vehicle under the influence of alcohol or some other illegal or controlled substance. In the case of alcohol, if a driver’s blood alcohol content (BAC) is 0.08 or higher, they are in violation of the intoxicated driving laws. If a defendant has evidence that their BAC 0.08, there could be a chance that their charges could be argued, but it is still rare. Most drunk driving charges end with some form of a guilty verdict.

Pleading Guilty or Not Guilty

It is true that pleading “guilty” to a DWI charge will instantly shorten the time frame of your personal legal process. However, pleading guilty does mean that you are admitting fault, and surrendering yourself to a list of possible penalties, such as fines, probation, suspended license, community service, rehabilitation, and even jail time. For this reason, it is important to fully understand your criminal charges, and the consequences you face if found guilty, before making a decision to plea.

On the other hand, a defendant could also decide to plead “not guilty”, to their DUI charges. In this case, they can expect a much longer legal process, which in turn means higher legal fees. If you plan to plead “not guilty” to your DUI charges, understand that fighting your charges could be moot in the end, since it is more likely that you will be found guilty if the evidence shows you were indeed legally intoxicated while operating a motor vehicle.

Reduced Charges

It is also true that most (not all) DUI defendants will have their charged reduced in some way or another, especially those who have private legal representation rather than a public defender. But even those who are granted lesser charges will still be found guilty and face the list of possible penalties mentioned before. This is where plea deals come in handy. Agreeing to a plea deal can eliminate jail time and avoid the maximum charges for a DUI crime.

So what does a defendant do? Should they plead “guilty” or “not guilty” to their DUI charges?

The answer to this question is complex. It starts with personal preference. But before personal preference can influence your decision, it is vital that you learn the full extent of your legal charges and their maximum penalties, as well as, the potential outcomes of each route. In order to accomplish this, you must consult with a licensed and experienced Indianapolis criminal defense lawyer who can explain everything you need to know in a language you can clearly understand.

Contact the Law Office of David. E. Lewis

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal 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.

3 Step Approach to Explaining a Misdemeanor in a Job Interview

Posted on January 11, 2019 by admin

If you are planning to undergo a slew of job interviews, it is wise to prepare by going through mock interview questions. This is especially true for those who have a misdemeanor criminal record. Employers these days can run background checks on potential hires with just a simple click of a button; so if you had an arrest or misdemeanor charge in your past, you can safely assume your interviewer will know about it.

But do not be concerned; so long as you know how to appropriately answer job interview questions about your misdemeanor record, you can prove to your future employer that your past is truly in the past, and does not characterize to your current reputation or work ethic.

Continue reading to learn an easy, 3 step approach to answering job interview questions about your criminal history.

You may be worried that no one will hire you because you have a past arrest or criminal record. You may be asking yourself, “Will I ever have a decent job role again?” The answer is “yes”; someone will hire you, so long as you can represent yourself in a professional and respectful manner, and discuss your criminal record with transparency and remorse.

Here are the three steps to follow when your criminal record comes up in a job interview:

❶ Explain What Happened

With as much maturity and honesty as possible, explain the situation surrounding your arrest or criminal charge. Do not go into great detail, but do lay out the foundation for what happened. Basically, the job interviewer will want to see that you own up and acknowledge your mistakes. It is better that your potential employer hears you explain the situation than for them to just read it on paper and make their own assumptions.

❷ Describe Your Actions While in Jail

In addition to acknowledging your mistakes, a potential employer wants to know that you bettered yourself by turning a bad situation into a good one. Prove this to them by describing all of your accomplishments and achievements while incarcerated and/or on probation. This includes any classes or courses, anger management, counseling, community service, reconciliations with friends and family, paid restitution, and anything else that shows you wanted to improve your character and put in the effort to do so.

❸ Explain What You are Doing Now

Last, describe to your potential employer what you are currently up to in life. This will show them that the mistake you made was not an action that defines you as a person. It will show them that your criminal mishap is not something that will repeat itself ever again. Talk about furthering your education, community involvement, counseling or therapy, hobbies, clubs, fitness goals, relationship status, and all other positive actions and activities in your life.

How to Clean Up Your Criminal Record

If you still have trouble getting hired, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers. Call David E. Lewis, Attorney at Law at 317-636-7514 and schedule a free initial consultation to discuss your eligibility for criminal record expungement in Indiana. Our services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and apprehensions.

Who Can Access Expunged Criminal Records?

Posted on January 7, 2019 by admin

The new Indiana Second Chance law does exactly what it says it does: it gives residents of the state an opportunity to have another chance at obtaining a better quality of life. However, expunging your criminal records does not actually destroy them forever; they are still accessible by certain groups and branches of the law.

Continue reading to learn the most important concepts of criminal record expungement, including who can still access records even after they have been expunged.

Criminal Record Expungement Lawyer 317-636-7514

Indiana Second Chance Law (IC §35-38-9)

The Indiana Second Chance Law (IC §35-38-9) permanently seals a person’s criminal record, prohibiting public access through background check portals. If an employer, landlord, Dean of admissions, bank, or other party runs a background check after your records have been expunged, they will not see any such records on the results. This privacy gives you more opportunities in life, such as job promotions, school enrollments, professional licensing, loan approvals, and more affordable housing.

Who Can See Your Records

It is important to understand that expunged criminal records are not gone and deleted forever. There is a significant difference between a criminal pardon and expungement. After your past criminal records have been expunged, law enforcement agencies are still authorized to access them for the purpose of criminal investigations and proceedings. Although law enforcement and governmental agencies can see expunged criminal records, the general public cannot. This includes friends, family, employers, schools, banks, and more.

How to Expunge Your Criminal Records

There are various qualifiers that determine when and what you can expunge from your criminal records. Some of the most influential factors include the amount of time since the date of the arrest or conviction, the severity of the crime, sentence completion, pending criminal charges, drivers’ license status, and more.

In order to confirm your eligibility and move forward with a criminal record expungement petition, you must consult with a licensed Indianapolis criminal defense lawyer who specializes in expungement services. Not only can they tell you whether or not you qualify, they can assist you with the entire petition process, which can be very convoluted and complex.

Indiana Criminal Expungement Services

Call Attorney David E. Lewis at 317-636-7514 to determine your eligibility for criminal record expungement in Indiana. We offer free initial consultations and prices start as low as $850, so anyone can afford to clean up their criminal history! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more, today.

What are the Indiana Laws for Guns?

Posted on December 26, 2018 by admin

If you are interested in purchasing a firearm, it is strongly encouraged to educate yourself on the Indiana gun control laws first. Gun control laws are in place to regulate the purchase and use of firearms. And although pretty standard across the board, they do differ from state to state; so whatever laws you are familiar with in another jurisdiction may not be the same as your current place of residence.

Furthermore, there are states that have gun laws that overlap or contradict federal law, making the differentiation quite complex in some cases. So always be sure to review Indiana gun control laws before acquiring or carrying a firearm.

Continue reading to learn the basics surrounding Indiana gun control laws.

Who Can and Cannot Have a Gun

Across the board, regardless of state, both minors and convicted felons are prohibited to own or carry a firearm. However, other states add onto this “who can and who can’t” list. For instance, some states do not permit minors and felons, as well as, those with mental disabilities and illegal aliens, to own or carry a firearm.

In addition to authorized individuals, states also regulate which types of firearms are legal and which are not. For instance, most states ban sawed-off shotguns, machine guns, silencer guns, armor-piercing bullets, and automatic weapons. To learn more details about gun licensing regulations in Indiana, visit the in.gov firearm licensing webpage.

Indiana Laws

§ 35-47-2-21

In Indiana, those who cannot own or carry a firearm include minors, convicted felons, drug and alcohol abusers, the mentally incompetent, and anyone convicted of a crime involving the misuse of a gun.

There is no imposed waiting period for prospective gun buyers, but certain criteria must be met in order to be approved for ownership.

Firearms that are banned include sawed-off shotguns, machine guns, silencer guns, armor-piercing ammunition, and automatic weapons.

Firearms are not allowed on or near school grounds.

In terms of gun control laws, any case where a state law overlaps with a federal law, federal law prevails.

Learn More About Your Right to Bear Arms

Talk to an experienced Indiana criminal defense lawyer for help understanding your rights to purchase and carry a firearm. Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your legal concerns with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved.

Is My Child Charged With a Delinquent Offense or Status Offense?

Posted on December 21, 2018 by admin

When a child under the age of 18 years old is arrested or breaks the law, they are entered into the juvenile court system. There, they will face a series of legal procedures, obligations, penalties, and ultimately, a conviction. Their conviction, however, largely depends on whether they are charged with a delinquent offense or a status offense.

If your child was recently arrested, it is important to learn the difference between the two types of offenses. Not only can this help you better understand what to expect from the juvenile court proceedings, it can also help you protect your child from future brushes with the law.

Continue reading to learn the difference between a delinquent offense and a status offense.

Status Offenses

Status offenses are special because they can only be committed by people of a certain status. This does not mean wealth or intellect; instead, it refers to age. A status offense is only illegal for those who are underage, also known as minors. A minor is someone that is not old enough to partake in a certain behavior or action.

For example, a person under 16 years of age cannot operate a vehicle, a person under the age of 18 cannot smoke or purchase cigarettes, and a person under the age of 21 cannot consume nor purchase alcohol. All three of these individuals are considered “minors”, which means they would commit a status offense if they are caught partaking in any of the actions just mentioned.

Additional Examples of Status Offenses:

✤ Truancy

✤ Curfew Violations

✤ Running Away From Home

Delinquent Offenses

Delinquent offense are different from status offenses, primarily because they are crimes that can be committed by individuals of any age. Basically, both minors and adults can commit delinquent offenses. Examples of such crimes include shoplifting, operating a vehicle without a license, drunk driving, fraud, assault, vandalism, and any other action that is against state and federal laws. Minors who commit delinquent offenses are more likely to face harsher penalties.

Most often, less serious cases will result in an informal plan of probation; but more serious offenses can lead to a minor having to go before a judge and being sentenced to a juvenile detention center. If a minor is near 18 years old and commits an egregious crime, such as murder, they may be prosecuted as an adult. Check out our recent blog, “How Does the Juvenile Court System Work?” to learn more about juvenile court.

Who to Talk to About Your Child’s Case

Call 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 child’s criminal charges. Call 317-636-7514 to schedule your consultation with a trusted Indianapolis criminal lawyer, today.

Should I Take a Police Lie Detector Test?

Posted on December 17, 2018 by admin

Law enforcement investigators utilize a variety of resources and methods to get the truth from suspects in question. One of the most popular tools they use is a lie detector test. If you are facing serious criminal charges,especially for felony crimes, you may be asked by police to take a lie detector test. Would you say acquiesce? Or would you refuse?

Continue reading to learn what you need to know about police lie detector tests, including advice on whether or not you should take one.

Indianapolis Criminal Defense 317-636-7514

Polygraphs

Lie detector tests, also known as polygraphs, measure human vitals as a person answers a series of straightforward questions. Supporters of polygraph testing believe that these tests can detect the physical effects of lying, such as perspiration, blood pressure, heart rate, breathing, and more. But are these tests really accurate?

There is really no way to be sure of polygraph accuracy since there are so many variables that can affect the results of a test, such as instructor experience, the format of questions being asked, the style in which the results are interpreted, and more.

Furthermore, being tested in such a way adds stress in itself; a person could be telling the truth, but the test will measure their words as a lie simply because they are nervous. So it is very difficult, if not impossible, to distinguish between physical changes that come from lying and those that come from being under the scrutiny of such tests.

Lie Detector Evidence

Basically, lie detector tests do not confirm whether or not a suspect is being dishonest, but rather, whether or not there is a possibility that they are being dishonest. Since lie detector tests do not meet the standards of dependability obligatory for scientific evidence, such results are typically inadmissible as evidence in a court of law.

To Agree or Not to Agree

Back to the original question of whether or not you should agree to take a polygraph when asked by police, the answer is always, NO. Always say “no” when asked to take a lie detector test. Instead, you must always consult with your Indianapolis criminal defense attorney before answering any police questions.

Indianapolis Criminal Defense Near You

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

How Does the Juvenile Court System Work?

Posted on December 12, 2018 by admin

If your minor child is in trouble with the law, both of you can expect to endure a mandatory series of legal obligations in the juvenile court system. Continue reading to learn more about minors who break the law, and what the juvenile courts are like.

Indianapolis Juvenile Criminal Defense 317-636-7514

Minors vs. Juveniles

You may be confused by the terms, “minors” and “juveniles” since they are very similar in meaning. Basically, a minor is anyone who is prohibited from certain activities due to their age. This includes consuming alcohol, smoking cigarettes, driving a car, voting, and similar activities. For example, a person who is under the age of 21 is considered a minor in the eyes of the law.

In contrast, the term “juvenile” is more specific. A juvenile is anyone between the ages of 10 and 17 years old, and who has not been emancipated from legal guardians. When a person turns 18, the law deems them a legal adult, however, they can still be a minor, as shown in the example before. 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.

Juvenile Court Facts

After committing a crime, a juvenile will be detained in a state or county juvenile detention center, much like a county jail. Their experience from there will depend mostly on the type of crime they are charged with, as well as, various other behavioral and historical factors. When referred to juvenile court, a couple different situations can occur. A juvenile may enter into an informal deal that includes probation rather than seeing a judge; or they may have to go in front of a judge, who in turn, may dismiss their case, order them to probation, or send them to the Department of Correction.

Judges also have the discretion to order juveniles to additional mandatory terms, such as therapy, community service, mentoring, life coaching, school, drug rehabilitation, or admittance into an in-patient psychiatric facility. In fact, it is very common for judges to use these additional penalties in juvenile criminal cases.

Your Child’s Rights

In the juvenile court system, a child has several rights. They include, but are not limited to:

✦ The right to a lawyer or public defender;
✦ The right to know the date and time of all hearings;
✦ The right to attend all hearings;
✦ The right to know what information the judge has on their case;
✦ The right to question witnesses;
✦ The right to know the criminal charges against them;
✦ The right to refuse to tell anyone, including the judge, what happened;
✦ The right to give the judge information, have other people give information, and then make arguments;
✦ The right to make the state prove the case against them;
✦ The right to have a trial within 20 days if held in custody, or 60 business days if released;

Indiana Juvenile Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your juvenile’s criminal case with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your juvenile’s rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!