7 Probable Court Orders While on Probation

Posted on October 5, 2018 by admin

After being convicted of a state criminal charge, a judge may sentence a defendant to probation in place of jail time. Being on probation is a much better outcome than jail, however, there are still strict terms and conditions that you must adhere to, otherwise, you face additional criminal charges, including incarceration. In addition to rules and restrictions, a judge can sentence you to other types of conditions, such as community service, victim impact panels, drug testing, and more.

Continue reading to learn the top 7 court orders you may face while on probation.

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➀ House Arrest

If a person is a habitual offender, or has committed a more serious misdemeanor, a judge may sentence them to home detention, also known as house arrest. A person on house arrest is strictly prohibited to leave the confinements of their home for a specified period of time; if they do, they face additional criminal charges. While on home detention, a judge may also require them to wear a GPS electronic monitoring bracelet, which supervises and records their whereabouts.

➁ GPS Electronic Monitoring Bracelet

GPS electronic monitoring bracelets, also known as ankle monitors, are a more lenient form of home detention. They are electronic devices that are worn around the ankle until the defendant is released from probation. It ensures that a defendant remains within the boundaries allotted to them by the court, which is usually just work, school, rehab, and home.

➂ Drug Testing

A person on probation is likely to be drug tested at any given time. Most often, it is a standard part of the probation process. A judge may order them more frequently for those convicted of a drug or alcohol-related crime. It is mandatory by law to submit to random or routine drug screening, chemical testing, or urine analysis if ordered by a court.

➃ Community Service

A common penalty, especially for less serious misdemeanors, is community service. This is basically mandatory, court-ordered volunteer work. If you have ever seen a group of people collecting garbage on the highway, or working at a local salvation store, they are likely community service workers. Most often, a person can choose their own type of work, and then a supervisor is appointed to record and sign off on their hours.

➄ Ignition Interlock Device (IID)

A common term of probation used for habitual drunk driving offenders is an ignition interlock device (IID, which is installed in a person’s car to stop them from driving while drunk. They lock a car’s ignition, until the driver breathes into the device, like a breathalyzer, and shows a BAC lower than 0.04 percent. If the offender has a BAC higher than 0.04%, the engine will not start and the device record and send the reading to the proper authorities. It can be considered a violation of probation, which leads to more criminal charges.

➅ Victim Impact Panels

For intoxicated driving charges, a defendant may be ordered to attend victim impact panels, which are basically public programs in which survivors, or family, of those injured or killed in drunk driving accidents, speak about their struggles and losses in an attempt to educate people about the extreme consequences of driving under the influence of drugs or alcohol.

➆ Alcohol / Drug Education

Another common court order of probation are mandatory alcohol and drug education courses or rehabilitation. These are often reserved for addicts, and offenders who have been charged with a drug or alcohol-related crime. Participants are ordered to show up to all classes on time, complete all assignments on time, and pass the course to satisfy the court orders successfully.

Recently Arrested for a Misdemeanor in Indiana?

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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. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

Criminal Defense Attorney David E. Lewis Will FIGHT Your Drug Possession Charges!

Posted on October 2, 2018 by admin

Many people turn to drugs as a way to cope with daily life struggles and emotional turmoil, but Indiana law looks at drug use, possession, and distribution as a crime. Until the government sees that our drug epidemic is a health issue rather than a misconduct, there will always be a need for a tough and experienced Indiana drug crime attorney. Continue reading to learn what you need to do if you were caught with drugs in your possession.

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If you were recently arrested or cited for drug possession in Indiana, there is no better criminal defense lawyer for the job than David E. Lewis! Whether misdemeanor or felony possession, and regardless of drug type, Attorney David E. Lewis will work around the clock to aggressive fight your Indiana drug charges, and spare you from the maximum penalties!

Retain a Lawyer ASAP

Drug charges and convictions can effect virtually every aspect of a person’s life, and perhaps the lives of their loved ones. This is especially true for drug convictions since many can continue to negatively affect a person’s life long after they’ve completed their sentence. This is why it is important to appoint a licensed and experienced drug crime defense lawyer to help with your case. A knowledgeable drug crimes attorney is your strongest shot at avoiding jail time and extreme penalties for drug charges.

Trust None Other Than David E. Lewis, Attorney at Law

David E. Lewis, Attorney at Law, is eager to take your case and get you the justice you deserve by building a strong and impactful defense for your case to gain a more promising outcome for you and your future. Furthermore, our criminal defense law firm offers free initial consultations to discuss your charges and give recommendations for the best strategies for defense. With David E. Lewis, Attorney at Law on your side, you have a realistic chance at avoiding jail time, thousands of dollars in fines, and other extreme penalties for drug crimes.

Get Started With a Simple Phone Call

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Call 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 Attorney David E. Lewis and discuss your Indiana drug possession charges and the best strategies for your defense. The sooner you call, the better your chances are at avoiding the maximum penalties, primarily jail time. Call 317-636-7514 to get started, today.

Examples of Federal Laws That Conflict With State Laws

Posted on September 24, 2018 by admin

Just because an act is legal under state law does not mean it is legal under Federal law, and vice versa. Continue reading to learn a couple of examples that fit this scenario, as well as, what you should do if you are facing prosecution for such laws.

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In our country, there is a definite history of conflict between state and federal laws. Today, you can still find such conflicts surrounding controversial topics. Two of the most publicized laws that conflict between state and federal rule are same sex marriage and marijuana use.

Marijuana Usage

Recreational and medical marijuana use is legal in some state, but it is illegal under federal law. Currently, Washington and Colorado are the only two states that permit the legal recreation use of marijuana, while many other states permit legal medical marijuana use with a valid doctor’s prescription. This can cause conflicts in court since marijuana use is not legal under federal law since it is deemed a controlled substance. Even growers and possessors of marijuana in the state-allotted amounts can be arrested by federal authorities and prosecuted. And although businesses are legally allowed to sell marijuana, and even given state-licenses to do so, they cannot open bank accounts nor accept credit card payments because banks are not allowed to do business with them under federal law.

Same Sex Marriage

Since marriage licenses are issued by local governments, marriage is traditionally a state issue. When it comes to same sex marriage, it is legal in many states, but not all, and federal law can trump this. Back in 2013, California voters enacted a law to ban gay marriage, but federal law deemed this enactment unconstitutional, so it was overturned. When this decision was appealed, the U.S. Supreme Court refused to make a ruling on the appeal. As of 2015, same sex married couples in the United States have equal access to all the federal benefits that married opposite-sex couples have, even if it is illegal under state law.

Rules for Conflicting Law

There are some resolutions that come into play when state and federal law conflict:

⚖ When a person has more rights under state law than they do under federal law, the state law will legally prevail.

⚖ If state law enforces more responsibility on its citizens than federal law does, the state law will legally prevail.

⚖ If state and federal law clearly conflict, the federal law will prevail. For instance, when a state law specifically permits an act that the federal law specifically forbids, federal law will overcome state law.

Charged With a Misdemeanor or Felony Offense in Indiana?

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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. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

The 3 Elements of a Valid Search Warrant

Posted on September 21, 2018 by admin

Your Fourth Amendment right permits you to a certain degree of privacy, and in most cases, law enforcement must obtain a warrant in order to legally perform a search and seizure event on your home, office, storage unit, car, or anywhere else you would have a reasonable expectation of privacy. So when being presented with a search warrant by law enforcement, you’ll first want to make sure it is a valid one.

There are three things to look for on a search warrant to have this assurance. Continue reading to learn what they are, as well as, what you should do if you are charged with a crime following a search and seizure.

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Search Warrant Process

All search warrants must be filed in good faith by a law enforcement officer, and they must include reliable evidence that shows probable cause to search a premises. Aside from this fundamental requirement, a valid search warrant will have 3 specific elements: a magistrate’s signature, a description of the premises to be searched, and a description of the items to be seized.

❶ Magistrate Signature

Before a search warrant can go into effect, it must be approved and signed by an impartial magistrate of the law. A valid search warrant will have a magistrate’s signature on the document. If this is not present, it is not likely a valid search warrant.

❷ Description of Premises

A search warrant must also always state the where the search is to take place. If there is no description on a search warrant of an area law enforcement want to search, they cannot legally perform the search. A description does not have to be detailed though; it can be as simple as an address of a residence or building. However, if a cop has a search warrant for a storage unit, they cannot also search the person’s vehicle; they would need a separate warrant for that search.

❸ Description of Items to Be Seized

Not only must a search warrant contain a magistrate’s signature and a description of the premises to be searched, it must also specify which items are to be confiscated. There are some exceptions to this rule. For instance, law enforcement can confiscate certain contraband, such as illicit drugs, if they are in plain sight, even if they are not listed on the warrant.

What Happens if You Resist a Search

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

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Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges. 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! Call 317-636-7514 to get started, today.

Frequently Asked Questions About White Collar Crimes

Posted on September 17, 2018 by admin

If someone you love is facing serious felony charges for a white collar crime, you may be scared and confused. It can help alleviate your stress and discomfort by learning a little more about white collar crimes and criminal defense.

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What is a White Collar Crime?

This is one of the most common questions people have about white collar crimes. FindLaw.com defines a white collar crime as “a crime committed through deceit and motivated by financial gain.” This definition is very basic, but also very realistic. There are several different types of white collar crimes that a person can commit, but out of all the possible offenses, fraud and theft tend to be the root of them all. And within the realm of fraud and theft, even more types of white collar crimes exist, such as embezzlement, tax evasion, money laundering, insider trading, Ponzi schemes, and more.

What are the Most Common White Collar Crimes?

The most common types of white collar offenses include theft, scams, and fraud. Common types of white collar fraud include bank, wiring, check, insurance, prescription, securities, and mortgage fraud. Bribery, forgery, employment theft, embezzlement, tax evasion, money laundering, insider trading, and Ponzi schemes are also very common white collar offenses.

What are the Most Serious White Collar Crimes?

The most serious types of white collar offenses are those with large sums of money or assets involved. The more money or financial gain that occurs as a result of the crime, that harsher the penalties will be. In fact, white collar crimes are usually prosecuted in federal court, not state court, since most are felony offenses, which are punishable by prison time and more.

Do I Need a Lawyer if I am Facing White Collar Criminal Charges?

Yes; you will absolutely require private, professional criminal defense to stand up to your white collar charges. White collar criminal investigations are usually tedious, complex, and intense. You are not in the best hands with a public defender because their case loads are just too big. Your future and your freedom depends on your defense, so be sure you hire an experienced Indianapolis criminal defense lawyer who will fight for your rights.

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Is a Park Ranger an Actual Police Officer?

Posted on September 10, 2018 by admin

Last week, we covered information regarding common camping crimes. In the past, we have also discussed the difference between a security guard and a cop. But in this week’s blog, we will take a closer look at the duties and authorities of a park ranger. Understanding the authority of a park ranger is important if you plan on visiting any state or national parks this fall. Continue reading to get started, and then share these facts with friends and loved ones!

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Let’s get one fact straight:

PARK RANGERS ARE POLICE OFFICERS.

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

Park Security

Many parks will hire private security during the off seasons to monitor the land and thwart trespassers, vagrants, and vandals. They also hire extra security to assist law enforcement rangers during peak park seasons. It is important to understand the distinction between a security guard and a park ranger or officer to avoid getting into trouble. Although park security can detain you until local police arrive, they cannot actually arrest you. They are not licensed police officers, but they still have authority. See our blog, “Can a Security Guard Arrest Me?” for more information.

Beware of Contradicting Laws

Keep in mind that park laws can differ from state laws. For example, medical marijuana use may be legal under state law, but in a National park, federal law applies. So if you are caught smoking a joint in a National park, you will be arrested and charged, even if you are in a state that permits medical marijuana use and you have a valid medical license.

What Could Happen

Park rangers have a little more authority in terms of searching and investigating a camp site because a majority of their role involves administrative duties, like checking hunting permits and fishing licenses, collecting fees, enforcing rules (i.e. leash laws, littering, fire activity, etc.), and more. They have a few options when it comes to managing a suspected crime. They can either give out citations, which could involve paying a fine or attending a court date, or they can arrest a suspect.

In the case of an arrest, they can arrest a person themselves and transfer them to the park detainment center, or they can choose to hand the defendant off to the local authorities. If you are ever under the arrest of a park ranger, you retain the same rights you would if you were being arrested by a local law enforcement officer. This includes your right to remain silent. After you are released from detention, contact an Indiana criminal defense lawyer right away to secure your rights and protect your freedoms.

Arrested in a Park?

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Call the Law Office of Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your Indianapolis criminal charges. 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! Call 317-636-7514 to get started, today.

4 Ways You Can Break the Law on Your Camping Trip

Posted on September 4, 2018 by admin

The end of summer is approaching, making it prime-time for camping trips. Just be sure to avoid any behaviors that are illegal under state and federal law while enjoying the wilderness with your friends and family. Remember: just because you are alone in nature does not mean you are absolved of your duty to adhere to the law!

Continue reading to learn the top 4 most common crimes people commit while camping to better protect yourself from making similar errors in judgement.

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➀ Hunting Protected Species

Hunting and trapping your meal is a common camping trip activity. Just be sure you are not hunting or trapping any species that is listed as endangered or protected by the state or federal government. Check with your local Department of Natural Resources to review a list of protected species to avoid this mistake. If you are caught hunting, killing, trapping, or transporting an animal on the protected list, you can face criminal charges, heavy fines, and jail time.

➁ Gun Control

Although federal law permits people to carry loaded firearms while visiting national parks and wildlife refuges, you are still obligated to obey all local and state gun control laws. Some jurisdictions are more strict than others, so be sure to check with the county clerks’ office to review the gun laws in the area you’ll be camping.

➂ Vandalism

Vandalism comes in many forms. Even if you consider it art, the state might not. A common crime that is committed by campers is types of graffiti, tampering, or painting of park or state property. In fact, defacing or damaging national park property is a federal crime, meaning you can face felony charges if caught. So needless to say, do not be tempted to write your initials with a sharpie on a rock wall, carve your name into a tree, “tag” a stop sign, or anything else considered vandal acts.

➃ Drug Use

Just because you are in nature, far from society, it does not mean you are exempt to possession and usage laws regarding illegal drugs and substances. If you are caught smoking marijuana, or using other illegal drugs, you will be criminally charged and face a long list of legal consequences. You may think you are all alone out there on the camp grounds, but park rangers and police are close by, protecting the lands.

Indianapolis Criminal Defense

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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!

A Comparison of Circuit and District Court Systems

Posted on August 28, 2018 by admin

The American judicial system is made up of several different court systems, all of which are further divided into state or federal courts. Two of the most common courts within the federal court system are circuit courts and district courts. With so many courts in existence, it can be quite confusing for the average person unfamiliar with state and federal law.

If you are facing criminal charges, it is wise to understand the difference between the two. Continue reading to do just that.

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District Court Systems

District courts are subordinate courts that hold trials for federal-level criminal cases, including general litigation issues and challenges to federal laws. They also deal with sentencing and penalization. District courts cover ninety four different geographic regions within the United States, including linked territories like Guam, the Virgin Island, Puerto Rico, the District of Columbia and the Northern Mariana Islands.

Although reserved for federal cases, there are some states, such as Florida and Texas, which refer to their stat-level court systems as “district” courts. In a district court, a single judge resides over a case. Federal cases are first sent through the district court system, and then work their way up the judicial system depending on the outcome in district court. After a case is ruled on, the verdict can be appealed in appellate court, otherwise known as the circuit court system.

Circuit Court Systems

Circuit courts are one step below the Supreme Court, which can send cases back to district or circuit court to be reviewed. They are also known as “Federal court of appeals” because they are appellate courts responsible for overseeing criminal appeals for cases arising from the district court system. Rather than handing down sentences and penalties, they oversee appeals on federal cases.

Circuit courts exclusively cover thirteen administrative regions within the United States. In a circuit court, a panel of judges (usually 3) reside over a case, and then rotate through each of the 13 regions in the “circuit”, hence the name. Since only about 1% of cases are accepted and seen by the Supreme Court, circuit courts basically set legal precedent.

Questions About Your Felony Charges?

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Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your felony 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!

The 3 Most Common Actions Appellate Courts Take

Posted on August 20, 2018 by admin

If your case is headed for appellate court, you may be interested in learning what outcomes might come about. Most often, an appellate court will take one of three actions: affirm, vacate, or modify. Continue reading to more about each action, and how you can best prepare for your upcoming hearing.

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Typically, an appeals case is reviewed by a panel of 3 or more judges. They will go over all the details and aspects of your appeal and your appeal brief, before making a decision on your case. During this review hearing, defendants are not usually ordered or requires to appear in court. In place of you appearing in court during this time of review, the appeals court can set your case for “oral argument”, meaning your lawyer can verbally argue your case in front of the judges.

❶ Vacate

If the majority of judges on the panel decide that your appeal is correct, they will remove, or “vacate”, the conviction handed down by the lower court. This entitles you, as the defendant, to a new trial in the lower court, whether state or federal.

❷ Affirm

If the majority of judges on the panel decide that your appeal is incorrect, they will stand by, or “affirm”, the lower court’s conviction. This means you cannot ask for a new trial in the lower court, and you will have to accept the judgement and subsequent sentence.

❸ Modify

If the majority of judges on the panel decide that your appeal is both correct and incorrect, they will make changes, or “modify”, the conviction of the lower court. In this case, you may be entitled to reduced penalties, such as fines, community service, and jail time. Although they make some changes, the rest of the lower court’s judgement will stand.

How to Best Prepare for Your Appeal

Appellate courts are much different from criminal courts in terms of process and procedure. In order to present an appeal to the best affect, you would need the services of a skilled Indianapolis criminal defense lawyer because they have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Most often, a defendant would use their current criminal defense attorney to represent their appeal. If you do not wish to use the same lawyer, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

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Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense for appeals in Indianapolis, Indiana. We never stop fighting to preserve your rights and your freedoms. Plus, we offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your appeal!

Can a Child Be a Witness in a Criminal Case?

Posted on August 14, 2018 by admin

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Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children.

But when you imagine a person testifying in court as a witness, it is not common to envision a child on the stand. However, it is a situation that does happen every now and then, but only under specific circumstances.

Continue reading to learn some basics about children witnesses.

Competent Witnesses

So what constitutes a competent child witness? A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies. These qualities can be found in very young children, as well as pubescent and young adults. A judge ultimately determines a child’s competency to testify in trial. It is common in these cases for judges to order a psychological evaluation to assess the child’s credibility.

General Rules and Exceptions

Witnesses are generally excluded from the majority of a court hearing. Usually, they must wait outside the courtroom until they are asked to take the stand. This avoids witnesses from changing their testimony after hearing other witnesses talk about the case. However, this rule may not be enforced in the case of a child taking the stand to testify. Often times, judges will permit a parent, guardian, or therapist to chaperone the child through the duration of the hearing.

Another exception that is often made for child witnesses is the right to give their testimony via a closed-circuit television or monitor. Many states have laws that protect child witnesses, especially those who are victims of abuse or assault. Rather than testifying in the same room as an abuser or offender, a child is allowed to provide their testimony from a safe location. Videotaped depositions are also used.

Talk to a Trusted Attorney

It is important to discuss your legal questions with your trusted Indianapolis criminal defense attorney for the best guidance and support. If you do not already have a licensed criminal defense lawyer working on your case, you need one right away.

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 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. We offer free initial consultations, so there is no out-of-pocket obligations to you.