How to Clean up Your Criminal History in Indiana

Posted on July 15, 2019 by admin

Your past is in the past, but the same does not apply to your criminal record. If you were ever arrested, charged, or convicted of a crime or infraction in Indiana, including traffic offenses, your criminal report will showcase them. Worst of all, your criminal report is available to the public, which means everyone from your next door neighbor to your employer can look it up and see what kind of criminal history you have on record in the state.

Furthermore, this means that your criminal history affects several significant aspects of your life, professionally, financially, socially, and even in terms of housing. If you have criminal content on your personal record, it is in your best interest to see if you qualify for criminal record expungement or record sealing in Indiana.

Continue reading to learn more about these new Indiana Second Chance laws, including how to determine your eligibility and how to get started on a petition.

CRIMINAL RECORD EXPUNGEMENT

Expungement is the legal removal or elimination of criminal convictions and/or arrests from one’s permanent record. Only under certain circumstances does a person qualify to expunge criminal records. Records that are not eligible for expungement, however, may be eligible for criminal record sealing. Records that may be expunged include arrest records, misdemeanors, level 6 felonies, level 6 felonies reduced to misdemeanors, and more.

CRIMINAL RECORD SEALING

Criminal record sealing criminal records refers to the restriction of certain access. Once sealed, such records can only be viewed by particular authorities, such as criminal justice agencies, and at times, childcare agencies. Records that may be sealed with restricted access include arrest records, misdemeanors, level 6 felonies, level 6 felonies reduced to misdemeanors, and more. Indiana arrest records can be sealed after one year from the date of the arrest. But keep in mind that there are more qualifications aside from the amount of time that has passed.

Qualifications

Not all criminal charges and convictions are approved for expungement nor sealing in Indiana. Such offenses include murder, sex crimes, feticide, manslaughter, reckless homicide, human trafficking, assisting or causing suicide, transfer of contaminated bodily fluids, registered sex offender status, and inappropriate communication with a child or minor. If a person has any of these arrests, charges, or convictions on their record, they cannot qualify for expungement.

Warnings

The Indiana Second Chance Laws may not be active for much longer because they are highly opposed by many private organizations and in interest groups. This means they are subject to repeal in the near future. For this reason, be sure to act fast and take advantage of criminal record expungement in Indiana right now. Furthermore, the process is complex and very strict; just one minor filing error can get your application denied, and you can only apply for criminal record expungement ONE TIME in your life. If your application is denied, you cannot re-apply. . For this reason, you need to hire a licensed criminal defense lawyer who specializes in this area of law. They can make sure your petition is completed correctly, and on time.

How to Get Started on Your Petition

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about sealing or expunging your criminal records in Indiana. 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.

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

Learn More About Your Level 2 Felony Offense

Posted on July 10, 2019 by admin

Were you recently arrested in Indiana, and now facing Level 2 felony charges? If so, your most important priority is to retain the services of a skilled and aggressive criminal defense lawyer to protect you from the maximum penalties that are handed down for such offenses. Why is this so important? Because felony offenses are more serious, far more serious than misdemeanors.

Continue reading to learn what you need to know about your Indiana felony charges.

Felony Offenses and Penalties in Indiana

Formally known as a Class B Felony, a Level 2 felony offense is serious since it is the second highest felony a person can be charged with in Indiana. Felonies are crimes against the federal government, which is why they are also called federal offenses. Here are the current levels of punishment for felony crimes in Indiana:

Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder.

▶ Murder – Most Serious
▶ Level 1 Felony
▶ Level 2 Felony
▶ Level 3 Felony
▶ Level 4 Felony
▶ Level 5 Felony
▶ Level 6 Felony – Least Serious

Level 6 Felonies

Level 6 felonies are the least serious of them all. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-7(b). Currently, Level 6 felonies are punishable by 6 months to 2 1/2 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

* Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors.

Level 5 Felonies

Level 5 felonies are a tad more serious, but still low on the spectrum You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-7(b). Currently, Level 5 felonies are punishable by 1 to 6 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 4 Felonies

Level 4 felonies are the next level. Indiana criminal law. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-5.5. Currently, Level 4 felonies are punishable by 2 to 12 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 3 Felonies

A Level 3 felonies are serious. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-5(b). Currently, Level 3 felonies are punishable by 3 to 16 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 2 Felonies

Level 2 felonies are even more serious. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-4.5. Currently, Level 2 felonies are punishable by 12 to 30 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Level 1 Felonies

A Level 1 felony comes right before the most serious crime of Murder. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-4. Currently, Level 1 felonies are punishable by 20 to 40 years in jail, as well as, fines up to $10,000, and court-ordered penalties like probation, community service, victim impact panels, drug and alcohol rehabilitation, house arrest, and more.

Murder

Murder is the most serious felony. You can find current details of the laws surrounding such offenses in Indiana Code 35-50-2-3. Currently, Murder is punishable by 45 years to life in jail, as well as, the death penalty, fines up to $10,000, and court-ordered penalties.

How to Fight Your Indiana Felony Charge

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense for felony crimes in Indianapolis, Indiana for your charges. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Criminal Defense Tips for Being Interviewed as a Suspect

Posted on July 5, 2019 by admin

If you are suspected of being involved in a crime, and as a result, must cooperate with a detective interview, it is gravely important to know how to protect yourself from self-incrimination and more. Continue reading to learn some vital criminal defense tips you need to know before being interrogated or interviewed as a potential suspect in a crime.

Police Gimmicks and Ploys

When a detective asks a person to voluntarily come by the station to answer a few questions regarding a criminal case, they actually have a hidden agenda that is not made evident to the person being asked to come in. For one, law enforcement officials are not legally obligated to tell you that you are a suspect in a criminal investigation.

In fact, one of the oldest tricks in the book is to address you initially as a potential witness, and act very polite and friendly to lower your guard and make you feel comfortable giving up wanted information. Another part of this ploy is that if you come into the station voluntarily, you are not in custody. This means law enforcement does not have to read you your Miranda Rights, which remind you of your right to remain silent and your right to a lawyer.

And the gimmicks do not stop there. People often feel like they can handle a police interrogation, and feel confident that they have no valid evidence against them. But this is one of the biggest mistakes you can make as a possible suspect in a criminal investigation. This is because police can make up anything they want to get a person to say things that didn’t really happen.

It is common for detectives to tell suspects that they have video surveillance of them committing the crime, or that they found their DNA all over the scene of the crime. They will say anything they have to in order to get a suspect to admit or give up information. It is also common for suspects to give false confession after hours of endless interrogation.

Always Hire a Criminal Defense Attorney

If you are ever asked to voluntarily come into a police station for questioning, or provide a statement regarding a criminal matter, remain silent. And then contact an experienced criminal defense lawyer immediately. They can evaluate your situation and determine if it’s best for you to give a statement or remain silent. They will protect your rights and preserve your freedom to their best ability.

Aggressive Criminal Defense in Indiana

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

Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?

Posted on July 2, 2019 by admin

Law enforcement are the country’s first line of defense, so it is important to appreciate their line of work and understand the dangers they face on a day to day basis. For this reason, they are legally trained and equipped to carry and use a wide variety of lethal and nonlethal weapons, including guns, batons, and Tasers. Although they are permitted to use these weapons at their discretion, it doesn’t give them the right to abuse or overuse their power.

In the case of nonlethal weapons, this has come up quite a bit in the recent years. People want to know what happens when a cop excessively uses their non-lethal weapon. Is it still lawful? Are there consequences for the police officer? Does the defendant have rights?

Every situation involving the actions, behaviors, and protocols of law enforcement’s action varies greatly, and should always be assessed on the individual facts surrounding the case. For example, take a look at the case of “Peru City Police Department v. Martin”.

Peru City Police Department v. Martin

In the lawsuit, after an officer repeatedly employed a Taser on an elderly nursing home patient suffering from Alzheimer’s, Peru Police Chief Steve Hoover recommended dismissal of Officer Martin for excessive use of force and conduct unbecoming of an officer. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover; Officer Martin was discharged and sought review in the trial court.

The court of appeals reviews the decision of a municipal safety board like a decision of an administrative agency, “limited to whether the [board] decision rests upon substantial evidence, whether the decision was arbitrary and capricious, and whether it was contrary to any constitutional, statutory, or legal principle.” The trial court tossed out his firing and entered over one hundred “reasons that Board’s decision should not be affirmed.” However, the appellate panel disagreed, finding the trial court erred in substituting its own judgment for that of the police chief and board.

The panel focused its analysis on the Taser training Officer Martin underwent as part of his role as an officer. He had been specifically instructed that exposure for over 15 seconds, whether due to multiple applications or a continuous one, increased the risk of death or serious injury. In total, the nursing home patient was exposed for 31 seconds. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.”

Do You Have Questions About Your Criminal Charges?

If you do not already have a licensed 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. Call 317-636-7514 and get started protecting your future, today.

Choose Attorney David E. Lewis for Aggressive Criminal Defense

Posted on June 26, 2019 by admin

The Law Office of David E. Lewis has the aggressive and professional Indianapolis criminal defense lawyers you need to avoid being sentenced to the maximum penalties for your criminal charges. Continue reading to learn why we are a leading criminal defense law firm in Indiana, and what we will do to ensure your rights are protected and your freedoms are preserved. We may even be able to help clean up your arrest record.

The Law Office of David E. Lewis provides criminal defense representation for anyone facing criminal charges in Indianapolis, as well as, throughout the entire state of Indiana. Our highly experienced criminal defense attorneys are well-versed and seasoned in criminal law, and will work around the clock to ensure you are not subjected to the maximum penalties for your Indiana criminal charges.

Criminal Cases We Represent

Here at the Law Office of David E. Lewis, our seasoned Indianapolis criminal defense lawyers aggressively represent most state and federal criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation or parole violation charges, and much more. Although we represent several areas of criminal law, we specialize in drunk driving defense, so if you are charged with a DUI or OWI, we can conceivably help you avoid jail time and possibly lower or dismiss your charges.

Indiana Criminal Record Expungement

Want to clean up your criminal record? With our help, you might be able to as early as this year! You see, criminal record expungement is now legal in our state, but only under very explicit conditions. And applicants are only allotted one single opportunity to file for expungement in their lifetime. YOU CANNOT PETITION TWICE.

To make matters more challenging, only certain offenses can be expunged, and courts will only grant record expungement based on several key requirements. David E. Lewis, Attorney at Law, is well-versed in the new Indiana criminal record expungement laws, and knows the precise procedure to obtaining approval. He provides criminal record expungement services starting as low as $850!

Learn About Your Criminal Defense Needs

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation to determine the best strategies for defense pertaining to your individual charges and criminal history. When you call the Law Office of David E. Lewis, you can expect to reach a knowledgeable and friendly legal representative that will ask you a series of questions while setting up your free initial appointment. You can also submit an email directly from our website.

You can trust that all the information you give over the phone and in-person will be handled discreetly and with the upmost care and concern. Most importantly, our office is a 100% judgement-free zone, and you will feel warmth and welcome as if you were family every time you walk through our doors.

The Difference Between a No Contact and Protective Order

Posted on June 21, 2019 by admin

Many people assume that a No Contact Order is the same legal action as a Protective Order. The truth is, they are two different types of legal actions, yet very similar. Continue reading to learn the difference between the two, including the common Indiana penalties for violating such orders.

Protective Order Violation Criminal Defense — Protective Order Violation Lawyer 317-636-7514

Protective Orders

A protective order is a civil-based court order of protection that is signed by a judge, ordering a recognized “perpetrator”, or respondent, to stay away from the petitioner, or protected party. When a person fears that another individual is going to physically hurt them, they can file a petition with the civil court explaining their “fear of imminent bodily injury” and how a legal order is the only way to put an immediate end to their danger.

The courts can order specific legal boundaries for the respondent, including city zones, residences, family members, and more. Often times, a judge will simply order a respondent to keep a specified distance away from the petitioner at all times, such as 500 feet.

No Contact Orders

No contact orders are very similar to protective orders, since they are both signed by a judge and approved in a court or law. However, no contact orders are requested by a prosecutor in a criminal case, not by a petitioner, also making them criminal-based orders rather than civil-based ones.

When alleged victims are involved in criminal cases, more often than not, no contact orders are issued at the same time criminal charges are filed against a defendant. And in most cases, these orders stay in effect throughout the case and for as long as the defendant’s sentence. No contact orders can generally be terminated beforehand if a person from the protected party is willing to testify that it is no longer necessary.

Invasion of Privacy Charges

If a respondent violates any aspect of a no contact order or protective order, they are committing a crime and criminal charges will be filed against them. Generally, the crime is Invasion of Privacy, which can be a misdemeanor or felony charge. Physical contact is not the only way a respondent can violate an order as well. For example, other forms of violation can include:

☛ Direct contact (i.e. same vicinity, physical, eye-to-eye, etc.)
☛ Phone contact (i.e. calls, voicemails, text messages, email, etc.)
☛ Indirect contact (i.e. mail, sending flowers, leaving notes, etc.)
☛ 3rd party contact (i.e. sending messages through mutual friends) |
☛ Social media contact (i.e. Twitter, Facebook, Gmail, apps, etc.)
☛ And More

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Are Ponzi Schemes Illegal?

Posted on June 17, 2019 by admin

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

White Collar Criminal Defense Law Firm 317-636-7514

Indiana Pyramid Schemes

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

Pyramid Scheme History

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

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

Pyramid Scheme Laws and Penalties

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

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

Pyramid Scheme Charges

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

Indiana White Collar Crime Legal Defense

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

Can a DUI Charge Affect My Right to Child Custody?

Posted on June 12, 2019 by admin

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

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

Indianapolis Drunk Driving Attorney 317-636-7514

DUI Penalties

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

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

Indiana Penalties for DUI Convictions:

FIRST DUI – Class C Misdemeanor

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

SECOND DUI – Level 6 Felony

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

THIRD DUI – Level 6 Felony

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

DUI Crimes and Child Custody

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

Hire an Aggressive DUI Lawyer for Help

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

Call David E. Lewis, Attorney at Law, Today

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana DUI defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

What are Legend Drugs?

Posted on June 7, 2019 by admin

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

Indianapolis Prescription Drug Lawyer 317-636-7514

Legend Drugs and the Law

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

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

Prescription Drug Charges

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

? Possession:

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

? Fraud:

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

? Dealing (Less than 5 grams):

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

? Dealing (5 – 10 grams):

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

? Dealing (Over 10 grams):

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

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

Criminal Defense for Drug Crimes in Indiana

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

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana prescription drug crime lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

What You Need to Know About Immunity in a Criminal Case

Posted on June 4, 2019 by admin

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

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

What is Immunity?

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

Two Kinds of Immunity

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

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

Waiving Immunity

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

Who to Talk to For Trusted Criminal Defense Advice

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your charges. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!