The 8 Phases of a Criminal Case

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In a criminal case, there is standard series of developments you can expect to take place. The first phase always starts with an arrest of some sort, whether as a result of a warrant or an actual physical apprehension. Continue reading to learn the rest of the 8 general steps of a criminal case.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

❶ Arrest

As mentioned, interest can take place in many forms. Most often, a defendant is arrested in person by a law enforcement officer; either because they were suspected of committing the crime at the time, or they were stopped for a routine offense and later found to have a warrant out for their arrest. Other times, a defendant is notified of a warrant and must surrender to authorities by being placed under arrest at the jail, and then continuing with the rest of the criminal justice process.

❷ Bail

After defendant is arrested, a presiding judge will decide whether or not they can be granted bail privileges. Most often, a defendant is provided the opportunity to post bail unless they are a repeat offender, or have a history of failing to appear for court hearings. Bail is set using the state’s bail schedule, which categorizes bail amounts in accordance with the severity of crime. There are several options a person can choose to obtain a release from jail through bail. They can pay the entire bail premium amount in cash (or collateral of some sort), and receive the money back when they complete all mandated court orders; or, they can hire a local bail bond agency and pay a nonrefundable fee that is only a mere percentage of their total bail premium. A defendant can also be released on their own recognizance, often referred to as being “OR’d” from jail. Under this circumstance, a defendant does not need to pay bail, but is still required to appear for all of their court hearings.

❸ Arraignment

A defendant’s first court appearance is called an arraignment. During an arraignment, a judge will read a defendant’s criminal charges, and then gives the defendant an opportunity to plead “guilty” or “not guilty” to those criminal charges. Sometimes, bail is also discussed. Also during an arraignment, future court hearings will be scheduled and arranged.

❹ Preliminary Hearing

Most often, the government brings criminal charges against a defendant in one of two ways. For minor to moderate charges, a bill of information is secured during a defendant’s preliminary hearing (also known as preliminary examination). For more serious charges, especially federal offenses, the government may use a grand jury indictment to bring criminal charges against the defendant. This is common with more serious offenses, such as white-collar crimes and murder. In fact, all federal offenses must be brought by a grand jury indictment. Both such hearings take place for the purpose of establishing the existence of probable cause. The prosecuting and defense attorneys will question witnesses and makes arguments at this time, but if probable cause is not found, the case will be dismissed entirely.

❺ Pre-Trial Motions

If probable cause is found, a defendant will be forced to stand trial. This starts at the pretrial motion, which is brought forth by both parties. During a pretrial motion, any issues remaining from the preliminary hearing or indictment will be resolved and finalized, and all evidence and testimony that will be admissible at trial is verified.

❻ Trial

Trial is one of the most important court hearings because it is the hearing in which the defendant learns if they are found guilty or not guilty for the criminal charges brought against them by the prosecution. At this particular hearing, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges “beyond a reasonable doubt.” Once all arguments and witness testimonies are complete, the jury must come to a unanimous verdict that decides whether or not the defendant is guilty or innocent. If the jury cannot come to unanimous verdict, the presiding judge will declare the trial a mistrial. In this case, the trial is either dismissed or a new jury is chosen. If the defendant is found guilty, the court will then sentence them.

❼ Sentencing

The sentencing segment of a criminal case can take place separately from the trial, or at the same time as the trial. During sentencing, the judge will hand down the penalties for the criminal charges committed by the defendant. In order to determine the proper penalty for defendant, courts will consider various factors, including criminal history, mental health, personal circumstances, and even a defendant’s degree of remorse.

❽ Appeal

After a trial takes place, a defendant has the option of appealing their conviction. This takes place in appellate court, and usually a certified appellate attorney is hired for the job. However, defendants may also use their existing criminal defense attorney to file their appeal with a higher court.

Keep in mind that these basic stages can vary from case to case depending on a wide range of influential factors, including whether or not a defendant chooses to enter into a plea bargain. It is best to discuss your criminal defense with a licensed and trusted Indianapolis criminal defense attorney in your area in order to avoid the maximum penalties for your criminal charges.

How to Get Started on Your Defense

David E. Lewis Attorney at Law

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

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 criminal charges and the best strategies for your defense. Call as soon as today!

The 3 types of Affirmative Defenses

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There are numerous possible defenses a defendant can use to fight their criminal charges. Regardless of which one they choose, it will fall under one of two categories: affirmative and negating. Under the affirmative defense category, there are 3 particular types that are common in criminal law. These include justification, excuse, and alibi affirmative defenses.

Continue reading to learn more about each type of criminal defense, including how to get a head start on yours. You may also benefit from reading our blog about The Difference Between Affirmative and Negating Defenses to understand the two primary categories of defense.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

An affirmative defense is a category of defense used by a defendant who wishes to evade accountability of their criminal charges by presenting new evidence that was not previously addressed in the plaintiff’s claims. Here are the 3 types :

❶ Justification Defenses

Justification defenses are defenses that essentially justify why a defendant committed a crime. Under this defense approach, a defendant would admit they committed the crime, while also insisting they did so for good reason. Self-dense is a perfect example of when a defendant might use this affirmative defense. For instance, if a father killed an armed intruder to protect his family, he would likely use a justification defense. Law enforcement defense is another prime example.

❷ Excuse Defenses

An excuse defense is when a defendant admits they committed a crime, but wishes to be excused for the offense by offering an excuse as to why they did it. The insanity defense is a prime example. Other types of excuse defenses include mental illness, intoxication, diminished capacity, duress, and even infancy (a child or youth). For instance, if a woman is charged with resisting arrest and threatening police officers, and defends her actions by claiming she has a mental illness, she would be using an excuse defense. Another example would be if a man robbed a store under extreme duress because his wife was being held hostage by the criminals forcing him to commit a crime.

❸ Alibi Affirmative Defenses

Alibi affirmative defenses are quite common and much different from the other two types of defenses mentioned above. When a defendant uses an alibi affirmative defense, they are not admitting guilt, responsibility, or having any kind of involvement in the alleged criminal charges. They use defense by providing legitimate evidence of an alibi. An alibi is proof that the defendant was somewhere else when the crime took place, making it impossible for them to have committed the crime. Often times, this type of defense is used alongside a negating defense for best results.

How to Get Started on Your Defense

David E. Lewis Attorney at Law

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

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 criminal charges and the best strategies for your defense. Call as soon as today!

Does it Matter Where I Hire My Criminal Defense Attorney?

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If you were just recently arrested on criminal charges, the very first place to start is to hire a licensed criminal defense lawyer right away. Without private criminal defense, you risk jeopardizing your rights, your freedom, and your future. One of the most common questions about hiring a criminal lawyer involves location. Defendants like you want to know whether or not they have to hire a defense attorney in the same county as their pending criminal case.

The truth is, the answer to this question is not so cut and dry.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Local Versus Non-Local Attorneys

The choice to hire locally or not is entirely up to you as the defendant. Your choice will be based on several factors, including your personal preference, circumstances of the case, appointed county prosecutors, opposing attorneys, judges, and much more.

For instance, if you are from a small town, you might want to hire locally because all the judges, attorneys, and prosecutors know each other well and have long-standing relationships, which could help your lawyer get you a better deal. Of course, this is not always the case in a small town. In an opposing example, if you are from a small town and facing serious criminal charges in a large city, you may choose to hire out of town in hopes of retaining a lawyer with better knowledge of big city politics.

What You Really Need to Know

The reality is that it does not matter where you hire your attorney. Hiring locally or out of town doesn’t make a difference for most criminal cases. It is the lawyer that makes the difference. However, the general rule of thumb is to hire an attorney in the city your charges are pending.

The most important part about hiring a criminal attorney is choosing one that is well-versed in the area of law you are dealing with, and one with extensive trial and litigation experience. They have the knowledge and resources it takes to build a strong and impactful defense against your criminal charges.

Call David E. Lewis, Attorney at Law

David E. Lewis Attorney at Law

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

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.

Indiana Filing Fees and Costs for Criminal Cases

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If you are facing criminal charges, it is time to start educating yourself on all the legal processes and requirements surrounding your case. You can expect two of those requirements to be court costs and filing fees. The Indiana Supreme Court, Division of State Court Administration, has a set system for filing fees and court costs for criminal cases. Continue below to review each one.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Criminal Costs Fee = $120.00 (IC-33-37-4-1)

Law Enforcement Continuing Education Fee = $4.00 (IC 33-37-5-8(c))

Jury Fee = $2.00 (IC-33-37-5-19)

Document Storage Fee = $2.00 (IC-33-37-5-20)

Automated Record Keeping Fee = $7.00 (IC-33-37-5-21)

Public Defense Administration Fee = $5.00 (IC-33-37-5-21.2)

Judicial Insurance Adjustment Fee = $1.00 (IC-33-37-5-25)

Judicial Salaries Fee = $20.00 (IC-33-37-5-26)

DNA Sample Processing Fee = $2.00 (IC-33-37-5-26.2)

Court Administration Fee = $5.00 (IC-33-37-5-27)

Total Criminal Fees = $168.00

The total cost of criminal fees can be $181.00 if the office requires the sheriff’s service of process fee of $13.00.

Costs and Fees That May or May Not Apply:

Alcohol and Drug Services Program Fee – This fee only applies if the particular county in which the offense took place has a drug and alcohol program. The fee varies, but cannot exceed $400.

Drug Abuse, Prosecution, Interdiction, and Correction Fee – This fee is only added if a conviction falls under I.C. 35-48-4. The fee ranges between $200 and $1,000.

Countermeasures Fee – This fee is only added if a conviction falls under I.C. 9-30-5 and results in a driver’s license suspension. The general fee is $200.

Child Abuse Prevention Fee – This fee is only added for specified offenses and convictions that involves a victim under 18 years of age. The general fee is $100.

Domestic Violence Prevention and Treatment Fee – This fee is only added for specified offenses and convictions that involved relationship parties. The general fee is $50.

Highway Work Zone Fee – This is a 50 cent fee for traffic offenses. The fee can increase to $25.50 if the offense involved speeding in a worksite or failure to merge.

Safe School Fee – This fee is only added for convictions that involve the use or possession of a firearm. The fee ranges between $200 and $1,000.

Sexual Assault Victims Assistance Fee – This fee is only added for specified offenses and convictions. Generally, the fee ranges between $250 and $1,000.

Late Payment Fee – This fee is only added if all conditions of the statute are met. The general late payment fee is $25.

** Find more information about each fee, here.

Contact Information for the Indiana Supreme Court:

Division of State Court Administration
30 South Meridian Street, Suite 500
Indianapolis, IN 46204

Phone Number: (317) 232-2542
Fax Number: (317) 233-6586

Where to Start

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

Retain Aggressive Criminal Defense

David E. Lewis Attorney at Law

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 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.

Let Attorney David E. Lewis Help You With Your Criminal Record Expungement Petition

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

In Indiana, criminal record expungement is now legal, but under very specific circumstances. One vital stipulation is that petitioners (YOU) only get one attempt at filing for criminal record expungement (or sealing). Although it is called the Second Chance Law, there are no second chances at getting your application right. Furthermore, only a number of offenses can be expunged or sealed, and courts will only grant record expungement based on several key requirements.

So What Does This All Mean?

It means that not everyone will qualify for criminal record expungement, and for many different reasons. However, for those who do qualify, record expungement will open up new doors and opportunities in various aspects of life, including employment, housing, bank loans, financial aid, and more.

Why You Need Legal Assistance

If you are interested in petitioning for expungement, it is important for you to know that the process required of the petitioner is extremely complicated and rigorous, and revolves around a stringent schedule that’s difficult to follow. One small filing mistake, missed deadline, or even a misspelled word can cause a person to lose our on their chance at sealing their public criminal history forever.

How to Get Started With Your Petition

For the sake of your future and well-being, it is imperative to retain the professional legal counsel of a licensed Indianapolis criminal defense attorney who’s extensively familiar with the Indiana expungement laws, and provides services for filing and petitions. 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!

Indianapolis Record Expungement Services

David E. Lewis Attorney at Law

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

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

The Difference Between a Delinquent Offense and a Status Offense

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A person who is 17 years old or younger is considered a minor under the law. When a minor is arrested on the suspicion of committing a crime, their offense can be placed into one of two categories: delinquent offenses or status offenses. Continue reading to learn the difference between the two types of juvenile offenses, and what to do if your kid was recently arrested on criminal charges.

Juvenile Criminal Lawyer 317-636-7514

Indianapolis Juvenile Criminal Lawyer 317-636-7514

Status Offenses

Status offenses are any crimes that can only be committed by a minor. The most common examples of status offenses include running away, truancy (skipping school), curfew violations, underage drinking, underage smoking, and underage driving.

Delinquent Offenses

In contrast to status offenses, delinquent offenses can be committing by persons of all ages and genders. Some of the most common examples of delinquent offenses in juvenile court include shoplifting, theft, battery, assault, fraud, unlicensed driving, uninsured driving, drug possession, trespassing, and vandalism.

Sentencing a Minor

If a minor commits an offense, their case will be brought forth in juvenile court. Sometimes, minors do not have to go before a judge, and instead, are entered into an alternative probation plan with the prosecuting attorney. Other times, a judge will oversee the case and hand down a sentence. Judges have the discretion to sentence minors convicted of status offenses to probation or to the Department of Corrections. They may also order a minor to complete certain orders like counseling, community service, life coach meetings, mentorship programs, or school. They can also decide to close the case.

Get Professional Legal Help

If your child or adolescent was recently arrested, it is in the best interest of your family to retain a licensed and qualified Indianapolis juvenile criminal defense lawyer who can protect your child’s rights and preserve their freedoms. Fortunately, a juvenile defendant has a lot of rights in court. Learn all of them and more from your trusted criminal defense team.

Indianapolis Juvenile Criminal Defense

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive juvenile criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. 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.

Proper Conduct for a Trial Witness

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Whether a defendant or not, if you must testify as a witness in court over a criminal matter, it is important to conduct yourself responsibly. There are several things you should and should not do as a trial witness, especially since you can be held legally accountable for your actions, or lack thereof.

Continue reading to learn what you need to know about being a good witness, including who you should trust for legal guidance and support.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Be a Good Trial Witness

A witness in court could be an actual defendant, a field professional, or some other person somehow associated with the case. Regardless if you are facing the court as a defendant or individual witness, it is important to do your duty, respectfully and responsibly; the court and trial judge will expect this from you. If you fail to conduct yourself accordingly, you could face certain penalties, most of which are within the discretion of the judge themselves.

Here is what you SHOULD do…

Always take a subpoena seriously. Be sure to respond according to instructions, and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge will be provoked, and potentially take a personal interest in you, if you ignore one.

Always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, you must always be honest with your criminal defense lawyer. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Always take your lawyers advice. When it comes to discovery and preparation for depositions and trial, it is important to listen to the advice of your criminal defense lawyer. They will tell you how to conduct yourself during depositions and in the courtroom. Make time for your lawyer, and be available to answer their questions and discuss the case.

Here is what you SHOULD NOT do…

Do not make an attempt at humor or charm at any time. Also, do not explain yourself too much. Simply answer the question; do not try to make the interviewer understand your answer by explaining yourself. You also want to avoid distractions so that you can pay close attention to the trial proceedings. If you are asked a question that you do not have the answer to, never take a guess. In fact, you have the right to ask for any question to be restated or rephrased so that you better understand its basis.

An Indianapolis Criminal Defense Attorney You Can Trust

David E. Lewis Attorney at Law

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. 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 That Start With “Can I Get Arrested If”

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When it comes to petty crimes, some people simply do not know that they are breaking the law. In other cases, people may be under the impression that certain acts are illegal when they are not. Continue reading to review some of the most frequently asked questions that begin with “Can I get arrested if”, and see what you learn and what you already know!

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Can I Get Arrested If I Give a Cop the Middle Finger?

You cannot get arrested, or even stopped, for giving a police officer the middle finger. As long as you are not simultaneously breaking the law, you are within your federal rights to flip off a cop; but that does not mean you should! After all, they are a vital line of defense for our city, and they risk their lives every day to provide our communities with a comforting and dependable level of security. Please respect our law enforcement officials.

Can I Get Arrested If I am Carrying a Knife?

Indiana established a switchblade ban in 1957, which abolished the ban on carrying switchblades. Although many states set restrictions on blade limits, and require knives to be concealed, Indiana does not have any limits or restrictions as of right now. You can legally carry a knife, concealed or not, on your belt or in your purse, so long as you are not on school property, at an airport, or in a government courthouse or building. There may be other places that restrict weapon possession, like zoos, theaters, nightclubs, and more.

Can I Get Arrested If I Spit My Gum Out?

Although Indiana may have some very archaic laws still in the books somewhere that criminalize spitting on the ground, it is very unlikely that these laws would be enforced today. But keep in mind, spitting in public is unsanitary and unbecoming, and in a worst case scenario, you can face legal trouble if your gum hits another person or their property.

Can I Get Arrested If I Litter?

States spend millions of dollars every year to keep our roads, streets, parks, and coastal areas clean. So it should not be a surprise that littering is not tolerated under Indiana law. If caught littering, a person can face hefty fines, as well as court-ordered penalties like litter cleanup or community service. Indiana Code §35-45-3-2 states that littering is a “Class B infraction punishable by a fine up to $1,000 (§34-28-5-4(b)). For littering within 100 feet of a body of water, class A infraction punishable by a fine up to $1,000.”

Can I Get Arrested If My Roommate is Using Drugs in the Home?

Although the circumstances are unique in every case, if your roommate is using, selling, or possessing illegal substances in your shared home, it is possible for you to face legal consequences too. This is true even if you are clean and sober, and had no part in the use or distribution of the drugs.

Can I Get Arrested If I am Panhandling?

In Indiana, panhandling is illegal. Under Indiana Code 35-45-17-2, it is a Class C misdemeanor, which is punishable by up to 1 year in jail, up to $5,000 in fines, and several possible court-ordered penalties (i.e. house arrest, ignition lock, probation, community service, etc.).

Can I Get Arrested If I Have Prescription Pills on Me?

In Indiana, if you are caught with prescription pills on you, and they are not in a bottle with your name and recent date, you must be able to provide proof that you are currently prescribed to them, or you will be arrested on drug charges.

Indianapolis Criminal Defense Attorneys

David E. Lewis Attorney at Law

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. You can avoid the maximum penalties for your charges with our aggressive legal representation!

An Introduction to Indiana Drug Schedules

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If you or someone you love was recently arrested on drug charges, whether for possession or trafficking, it is important to understand the penalties they may face. Continue reading to learn the basics surrounding Indiana’s drug schedules, and what you should do if you are facing drug charges right now.

Drug Criminal Defense Lawyer 317-636-7514

Drug Criminal Defense Lawyer 317-636-7514


In our state, the law uses a grouping system to classify and delineate all drugs and controlled substances according to their abuse potential and addictive nature, including both legal and illegal drugs. These groupings, called “schedules”, were developed by the Federal government and Indiana legislature. They range in number and severity, from 1 to 5 (often represented in numeral letters, I – V), and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Schedule Ⅴ Drugs

Schedule 5 drugs fall under Indiana Code 35-48-2-12. They are considered to be the least dangerous and addictive and pose the lowest risk of dependency. This includes non-narcotics such as Tylenol, Codeine, and similar OTC drugs. A drug is a Schedule 5 substance if it has lower abuse potential than a Schedule 4 drug, is medically accepted, and is less likely to cause physical or psychological dependency than a Schedule 4 drug.

Schedule Ⅳ Drugs

Schedule 4 drugs fall under Indiana Code 35-48-2-10. They are measured to have a slight risk of physical or psychological dependency, but has a wide range of medically-accepted uses. This includes drugs like tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.A drug is a Schedule 4 substance if it has lower abuse potential than a Schedule 3 drug, is medically accepted, and causes limited physical or psychological dependency than that of a Schedule 3 drug.

Schedule Ⅲ Drugs

Schedule 3 drugs fall under Indiana Code 35-48-2-8. They are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. This includes drugs like testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule Ⅱ Drugs

Schedule 2 drugs fall under Indiana Code 35-48-2-6. They are deliberated to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence. Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital,and phenmetrazine.

Schedule Ⅰ Drugs

Schedule one drugs fall under Indiana Code 35-48-2-4. They are classified to be the most dangerous and have the highest abuse potential. They have a high potential for physical and psychological dependency, with no legitimate medical purposes or uses. Drugs like this include heroin, mescaline, peyote, benzylpiperazine, psilocybin, tetrahydrocannabinols (THC), methaqualone, MDMA (Ecstacy), and LSD (lysergic acid diethylamide).

For a complete list of controlled substances and Indiana drug schedules, Visit the U.S. Department of Justice Office of Diversion Control website.

Indianapolis Drug Defense You Can Trust

David E. Lewis Criminal Defense Attorney

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense for drug crimes 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 defense!

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

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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, knives, 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?

Indianapolis Criminal Defense Law Firm 317-636-7514

Indianapolis Criminal Defense Law Firm 317-636-7514

Peru City Police Department v. Martin

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”.

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?

David E. Lewis Attorney at Law

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

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.