FAQS About Indiana Criminal Courts

Posted on February 18, 2019 by admin

If you are currently facing criminal charges, it is likely that you are nervously awaiting your trial hearing. And just like many other defendants facing criminal charges, you have questions and concerns about the criminal court process and the potential outcomes you face.

To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal courts in Indiana. This may relieve some of the anxiety commonly experienced while awaiting your court date.

What is the Difference Between State Court and Federal Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

What is the Indiana Court of Appeals?

The Indiana Court of Appeals is the court with the power to review the judgements of lower courts and tribunals. An appeal is a post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly. See our blog, “Information About State Felony Appeals and Criminal Defense” to learn more.

What are Circuit and 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 hand down penalization orders. 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.

Is there Court for Juveniles and Minors?

Juvenile crimes are handled in a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes. Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Where Can I Find a Criminal Defense Attorney for Both State and Federal Crimes?

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, whether on a state or federal level. Get started as soon as today!

What You Need to Know About Indiana Protective Orders

Posted on February 13, 2019 by admin

Whether you are interested in pursuing a protective order for yourself, or on the other end of one, there are some things you need to know about the state laws surrounding such court-ordered documents. If you feel like you are in immediate danger, contact the local police station or call 911 for protection. If you are simply looking to learn more about protective orders in Indiana, continue reading.

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What They Are

Protective orders, also known as “restraining orders”, are court-ordered documents that force an individual to keep a certain distance from the person petitioning for the order. They are often used in cases of domestic violence to protect abused spouses, as well as, cases of stalkers, extortionists, and similar threatening situations. Most restraining orders are valid for up to 60 days.

You can find details of the exact laws surrounding protective orders by reviewing the Civil Law and Procedures of Indiana Code 34-26-5-1, et seq.

Protection Order Registry

You can look up local, state and national protective orders in a database. The Indiana Supreme Court joined forces with the Indiana Criminal Justice Institute, as well as the State Police, to be approved for two federal grants in order to develop and execute a statewide Protection Order Registry (POR). Learn more about this registry, here.

Where to Get a Protective Order in Indiana

Either yourself of a member of your household can legally petition for a protective order in Indiana. In order to do so, you must go to the Circuit Court Clerk in your county of residence and fill out a petition. You may also get online assistance via a victim advocacy organization. Visit here to learn where to find advocate organizations in Indiana.

Did You Violate a Protective Order?

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges. Call 317-636-7514 to schedule your consultation with a trusted Indianapolis criminal lawyer, today.

Should I Perform a Background Check on Myself?

Posted on February 8, 2019 by admin

There are several reasons to perform a background check on someone else. If you are a business manager who plans to hire new employees, you will want to review each applicant’s criminal and work history. If you are looking for potential roommates, you will want to know their criminal and credit history. If you are a landlord preparing to rent out a property to a new tenant, you will also want to know their criminal and credit report, as well as, their rental history. Even those involved in the dating scene are wise to perform a background on a person before agreeing to a first or second date.

Needless to say, there are many cases in which a background check is handy, and even necessary. But have you thought about doing a background check on yourself? You may be surprised what you find. Continue reading to learn why you should take a look at your own personal history report, as well as, where to get started.

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Online Background Check Databases

Performing a background scan on yourself is beneficial for a few reasons. For one, you can see what type of information is out there about you, and if the information is accurate or not. Second, you are better prepared to answer questions about your criminal, renters, credit, and work history when you have up-to-date information on those specific records. No matter what the reason, this is YOU we’re talking about, so consider running a background check on yourself soon!

Background Check Websites and Portals

Fortunately, you are only performing this scan on yourself, so you can use just about any old site that provides such services. If you were an employer or landlord, for instance, you would have to use the services of a consumer reporting agency (CRA) for legal purposes. These sites use human intelligence rather than a computer to look up your information. The CRA sites are not free and sometimes expensive, but since you are planning to scan yourself, you can use a free online background check database site. There are numerous of these websites online, including PeekYou, The Beat, and White Pages Neighbors.

Most records are available as general public information, so you can also just visit your city’s government website and use their services, which are most likely free of charge also. Consider doing a simple Google search of yourself as well. You would be surprised which photos and content pops up about you, or someone that shares your same name!

Want to Clean Up Your Criminal Record?

If you are not proud of what you find about yourself after completing a background check, consider criminal record expungement services. If you qualify, some states allow you to expunge or conceal past criminal histories so they are not publicly accessible by employers, landlords, and more. Call reputable lawyer that is well-versed in your states criminal expungement laws, and see if criminal record expungement services are right for you!

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn your eligibility for Indiana criminal record expungement and restricted access. Our criminal defense law firm offers free initial consultations to do just that! That means no out-of-pocket charges to see if you qualify! And rates start as low as $850 of those who do! Call 317-636-7514 to schedule your consultation for criminal record expungement, today.

Can I Buy Marijuana in Michigan and Bring it Home to Indiana?

Posted on February 5, 2019 by admin

Michigan has joined the various other states in their 2018 ballot initiative to legalize recreational and medical marijuana consumption. This means that Michigan residents, 21 years and older, are able to possess, transport, use, and even grow marijuana. As a bordering state to Indiana, many Hoosiers want to know if they can visit Michigan, purchase marijuana products, and then bring them home to Indiana for personal use. This is a very relevant and predictable inquiry, as marijuana laws are constantly changing around the country, every day.

Continue reading to learn what you need to know as an Indiana resident visiting Michigan.

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Michigan Residents

Before Michigan enacted their marijuana legalization laws, possession of marijuana was a misdemeanor crime, punishable by 1 year in jail and $2000 in fines. Trafficking and cultivation rendered even more serious penalties. But in late 2018, Michigan inducted the Michigan Regulation and Taxation of Marijuana Act (MRTMA) after their ballot to legalize recreational and medical marijuana was approved by voters.

So Michigan state law now permits the consumption and possession of recreational and medical marijuana. But keep in mind that even though it is legal under state law, it is still illegal under Federal law throughout the entire country by way of the Controlled Substance Act. For Michigan residents, this means that, at any time, the state laws regarding marijuana can be overturned by Federal legislation.

Indiana Residents

Here in Indiana, marijuana is illegal across the board. And there is no talk of legalizing it anytime soon. So if you decide to visit Michigan and purchase marijuana, you CANNOT bring it back across Indiana borders. If you do, and you are caught by law enforcement, you will be prosecuted according to Indiana’s drug schedule. Read our blog, “An Introduction to Indiana Drug Schedules” to learn what this could mean in terms of penalties and repercussions.

Charged With a Marijuana Crime?

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

How to Hire a Criminal Defense Attorney

Posted on January 30, 2019 by admin

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

Step ❶: Look for Referrals

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

Step ❷: Filter Your Results

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

Step ❸: Schedule an Initial Consultation

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

Skip the Hassle and Call Attorney David E. Lewis

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

Can I Refuse a Dog Sniff Search of My Vehicle?

Posted on January 25, 2019 by admin

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

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

Police K-9 Searches

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

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

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

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

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

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

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

Contact a Criminal Defense Lawyer

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

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

DUI Criminal Records vs. Driving Records

Posted on January 22, 2019 by admin

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

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Driving Records

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

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

Criminal Record

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

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

Talk to a Criminal Record Expungement Lawyer TODAY

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

Should I Plead Guilty to My DUI Charge?

Posted on January 17, 2019 by admin

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

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

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

Pleading Guilty or Not Guilty

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

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

Reduced Charges

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

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

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

Contact the Law Office of David. E. Lewis

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

3 Step Approach to Explaining a Misdemeanor in a Job Interview

Posted on January 11, 2019 by admin

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

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

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

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

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

❶ Explain What Happened

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

❷ Describe Your Actions While in Jail

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

❸ Explain What You are Doing Now

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

How to Clean Up Your Criminal Record

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

Who Can Access Expunged Criminal Records?

Posted on January 7, 2019 by admin

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

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

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

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

Who Can See Your Records

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

How to Expunge Your Criminal Records

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

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

Indiana Criminal Expungement Services

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