What is Going to Happen at My Pre-Trial?

Posted on February 21, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

If you were arrested and charged with a crime in Indiana, you have the option of taking your case to trial, rather than enter into a plea deal. Nearly all cases never go to trial, but if you are adamant about your innocence, you can opt for a trial by jury, or a bench trial. Bench trials, however, are only granted if all three parties (the judge, the prosecutor, and the defense) agree to a bench trial. In a bench trial, the judge is the sole decision making and decides on the final verdict. At a jury trial, the jury decides the verdict and the judge decides the sentence. But the sentence is not handed down at the pre-trial.

If you are preparing to go to trial to fight the criminal charges against you, it is important to know what to expect. Discuss your trial expectations and concerns with your criminal defense lawyer for a better understanding of the criminal process. In the meantime, continue reading for a brief explanation of what happens at a criminal trial in Indiana.

Trial By Jury

The judge decides which facts and evidences are allowed to be presented at trial. Both your attorney and the prosecuting attorney will take turns making certain objections until the judge makes a final decision. Then a jury is selected and instructed by the judge. From there, your pre-trial will commence with the prosecution’s opening statements.

After the prosecution’s opening statements, the prosecuting attorney will present all evidence against you. It is the burden of the prosecution to prove that you are guilty beyond a reasonable doubt. When the prosecuting attorney is finished presenting their evidence, they will begin to call witnesses to the stand for testimony. During this time, the defense will be given an opportunity to cross-examine them one at a time, questioning the honesty, validity, and accuracy of each witness’ testimony.

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When the state rests, the defense will take their turn to give their opening statements and present their case. Once the defense has given their case summary and presented their evidence, they will begin to call their witnesses to the stand, during which the prosecution will also have a chance to cross-examine each one.

When cross-examinations are through, both parties rebuttal the evidence presented. When this portion of trial comes to a rest, closing arguments are made. The state will go first and last, with the defense closing arguments in between.

After closing arguments, the judge will instruct the jury once more, and then ask them to begin deliberations. Jury deliberations can last anywhere from a few minutes to a few hours or more. Some juries have deliberated for weeks and months at a time; it just depends on how long it takes for them to come to a unanimous agreement. But in most cases, it takes less than a few hours.

When the jury does come to an agreement, they will reenter the courtroom and the judge will ask them to read their verdict. Then they will deliver a “guilty” or “not guilty” verdict. If you are found guilty, the judge will schedule a sentencing trial, usually within 20 to 30 days. During this trial, you will be handed down a sentence for your conviction. If you are found not guilty, you are simply free to go home and will not have to appear at any more trials or hearings.

Keep in mind that all cases vary depending on their individual circumstances, and the process could differ among defendants. It is important to learn what to expect at your trial from your Indianapolis defense lawyer. They can apply your unique case details and circumstances to the trial process, and explain what will happen in a language you can understand.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Our team works around the clock to ensure your rights are protected and your freedoms are preserved. Call 317-636-7514 to schedule a meeting with an experienced criminal defense lawyer in Indianapolis, Indiana.

Why You Never Waive Your Right to an Attorney

Posted on February 14, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

When you are arrested as a suspect in a crime, before you are even officially charged your first priority should be to contact a licensed and experienced criminal defense attorney. Being charged with a crime is a very serious matter, regardless of the severity of charges or penalties. Whether you are caught shoplifting a stick of gum or driving while intoxicated, a criminal record is a serious matter that requires adept legal representation.

A lawyer has the skills, resources, and professional connections to work the best possible defense against your charges in order to protect your rights and preserving your freedoms. If you want to avoid the maximum penalties for your criminal charges, you need an attorney.

Public Defense

Although you have the option of choosing a public defender, who are also real lawyers, there are numerous downfalls for going that route. There are monumental differences between a public defender and a criminal defense attorney, and several advantages in using private counsel rather than public defense. But having legal representation either way is important, so be sure to never waive your right to an attorney if you are charged with a crime.

You Can’t Represent Yourself

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Thinking you can represent yourself in your criminal case is a major misconception. Anyone who does not professionally practice criminal defense is incapable of representing a criminal case successfully. There are various complexities involved, all of which vary themselves depending on the individual circumstances of the case. So taking the risk of waiving your right to counsel and losing your case can render severe short term consequences, but also ones that follow you throughout your entire life.

Criminal Charges Come With a Criminal Record

Criminal charges don’t just come with a list of penalties, like possible jail time, hefty fines, court fees, filing costs, probation, community service, suspended drivers’ license, and random drug screening. Criminal charges come with a permanent record. And a criminal record, regardless of its severity, can hold a person back from several opportunities in life, including viable employment, promotions, professional licenses, home ownership, proprietorship, governmental clearances, and much more. It can even implicate a couple’s ability to adopt a child. So it is important to handle a criminal charge it the most aggressive and sure-fire way, and that is to always take advantage of your right to hire an attorney. Never waive your right to counsel.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. He is a licensed and aggressive criminal defense lawyer that will stop at nothing to protect your rights and preserve your freedoms, regardless of the crimes you are charged with. Our Indianapolis criminal defense law firm offers free initial consultations to discuss your case and the possible strategies for defense. Call 317-636-7514 to get started on yours, today.

Common Internet Crimes and Penalties

Posted on February 9, 2017 by admin

Indiana Cyber Crime Attorney 317-636-7514

Internet crime, also known as cybercrime or computer crime, is an increasing threat across America. Cybercrimes are criminal offenses conducted using modern telecommunication networks, namely the internet and mobile phones. They are classified as offenses committed directly or indirectly against a person or group of people with a criminal motive to purposefully cause the victim harm or loss. This includes physical harm, mental harm, and harm to one’s reputation, as well as, losses such as money, assets, companionship, employment, security, and more. They are serious crimes that come with serious penalties.

Continue reading to learn some common types of internet crimes and the penalties offenders can face for committing them.

Cybercrime

There are various types of cybercrimes, and even more ways to commit them. And we’re not talking about illegally downloading movies and music; although these are common internet infractions as well, they tend to render little to no consequences except personal ethical remorse. We are discussing the more serious types of internet crimes; the ones that come with serious penalties here in Indiana. The most common types of cybercrimes that occur in the Hoosier state include but are not limited to:

Fraud ➟ Fraud on the internet can come in many forms. A common example is obtaining money or property under false pretenses or promises. For instance, selling false or non-existent merchandise online, and failing to deliver.

Identity Theft ➟ Identity theft is one of the most frustrating and devastating crimes for victims. A common example of identity theft is when a person uses another person’s personal information to open and utilize bank accounts and credit lines. Other identity thieves steal individual’s bank account numbers, credit and debit card numbers, social security numbers, and more. They either sell this information or they use it themselves for financial gain. It can ruin a person’s reputation and credit score for life.

Hacking ➟ Accessing a person’s personal information for the purpose of malicious destruction or commercial advantage via the internet is a form of hacking, but the versions you see in the movies and on television are quite accurate as well. There are many forms of hacking (business accounts, social media profiles, email, corporate files, government databases, websites, etc.), but fundamentally, hackers illegally access information online using illegal methods.

Stalking ➟ Internet stalking is a crime. It can come in the form of harassment, pestering, bullying, threats, slander, libel, and more. It is most common among youths.

Extortion/Blackmail ➟ There are also many forms of extortion, but in terms of cybercrime, it can occur when a person blackmails another person via a modern telecommunications network. For instance, a person could threaten to release embarrassing photos or information about another person unless they give them money, assets, promotions, or something else of value.

Sports Betting ➟ Online sports betting and wagering is a federal crime. There are laws surrounding non-sports online betting and internet gambling that vary state to state, but wagering on sports on the internet is illegal.

The Indiana Cyber Crime Unit

Indiana Cyber Crime Attorney 317-636-7514

In May of 1998, Indiana formed the Cyber Crime Unit to provide law enforcement assistance in internet criminal investigations. Within this specialized unit are 6 sergeants who conduct forensic retrieval of digital evidence, and over 28 trained digital media specialists. They are trained to be on the constant look-out for internet criminal activity. This makes it extremely difficult (if not virtually impossible) for anyone to get away with cybercrime in Indiana. If you are caught committing a cybercrime, you can expect to face some stern charges and penalties.

Penalties for Cybercrime

The penalties for cybercrime vary, and they depend on several factors, including the severity of the crime, the offender’s criminal history, local ordinances, age of offender, and more. In Indiana, cybercrime can earn an offender anywhere from 6 months to 20 years in prison, and up to $10,000 in fines. This does not include court fees, attorney fees, filing fees, and more. It is important to retain the services of an experienced Indianapolis criminal defense attorney to protect your rights as a suspected offender and to protect your freedoms.

Indianapolis Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 if you are facing charges for cybercrime in Indiana. Our law firm works around the clock to ensure your rights are protected. Attorney David E. Lewis has extensive trial and litigation experience and is the aggressive criminal defense lawyer you need in your corner when facing serious criminal charges in Indiana. Call 317-636-7514 to set up a free initial consultation to discuss your criminal case and determine the best strategy for your defense.

What To Do After Receiving a Subpoena

Posted on February 1, 2017 by admin

Indianapolis Criminal Defense Attorney 317-636-7514

A subpoena is a court-issued legal document that is typically received via postal mail. There are two types of subpoenas, both of which requires a recipient to provide evidence or information in court. The first type of subpoena requires a recipient to provide an oral testimony in court. The second requires a recipient to provide records and information to the court, such as documents, video recordings, audio recordings, and other forms of evidence.

Most of the time, subpoenas are issued for civil cases, such as car accidents, personal injuries, child custody, and divorces; however, it is not uncommon for subpoenas to be issued for criminal matters as well.

Were You Subpoenaed?

Now that you know what a subpoena is, you can learn how to manage yours. Do not be in fear of legal penalties when subpoenaed by the court. You will only face legal ramifications if you ignore the subpoena. Otherwise, a subpoena is simply a tool used by the justice system to gather evidence on both sides, prosecution and defense. If you received a subpoena, it is because the courts have credible suspicion that you have information relative to the case at hand.

For example, if you are a witness to a car wreck, you may be subpoenaed by the courts to provide your testimony so that the courts can establish fault. In another example, the courts may ask a husband to provide employment and payment records for the purpose of establishing an alimony agreement.

If you were subpoenaed, here’s what to do:

Indianapolis Criminal Defense 317-636-7514

The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer, or have worked with a trusted one in the past, contact them and inform them of the subpoena. Most often, attorneys will handle the details and requirements of subpoenas, and will inform clients of when and where to be if they need to provide testimonies in person.

If you wish to represent yourself, you must first contact the number on the subpoena, and inform the clerk that you are willing to cooperate. Then you can simply fill in the details of the subpoena, and send it in to the address provided. If you have to testify in person, simply record the date, time, and location of the court hearing so that you are in accordance with your legal obligation.

If you need to deliver a subpoena…

Sometimes, you, as a party, need to deliver a subpoena. Generally, you would hire a process server to deliver a subpoena to a recipient. Neither you, your lawyer, nor anyone directly connected to the case cannot deliver a subpoena. And keep in mind, if a subpoena is not properly delivered, it cannot be enforced. Process servers are good at finding people that are difficult to locate.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn more about subpoenas in Indianapolis, Indiana. If you are involved in a criminal matter that requires your testimony, speaking with a seasoned Indianapolis criminal defense attorney can clear up any confusion or anxiety you have about the case and the information you retain. Protect your rights when involved in a subpoena request. Call 317-636-7514 to get started today.

Is it Possible to Reduce My Criminal Charges?

Posted on January 24, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

One of the most common reasons why defendants retain criminal defense representation is to avoid the maximum penalties for their charges. This includes fighting to reduce their criminal charges and the consequences that come with them. So yes, it is possible to reduce criminal charges, however, this does not mean that everyone will have theirs reduced. All cases vary, and the chances of reducing criminal charges and avoiding maximum penalties for them depend on a long list of factors. These factors are wide-ranging, but definitively include one’s criminal history, the state the crime was committed, and the severity of charges.

Plea Bargains

One of the most common strategies used to reduce criminal charges is an agreement called a plea bargain. A plea bargain is basically a deal that is arranged between the prosecution and the defense in which each party “gives something up” in exchange for something they want. For example, the prosecution might offer lesser charges (giving up the opportunity to prosecute at the fullest extent of the law) in exchange for a guilty plea by the defense (who gives up pleading non-guilty).

In order to get to the place of initiating a plea bargain, the court must first agree to it as well. A judge or magistrate of the court must review the plea bargain and sign off on it before it can be implanted by the defense. This way, the courts know a defendant was not coerced in any way to plead guilty to their criminal charges.

Aggressive Criminal Defense

It is important to know that plea deals work differently among jurisdictions, as well as, courts, magistrates, and more. Each case is unique so one strategy might not work for another. It is vital to retain experienced and aggressive criminal defense for the best chance at avoiding maximum or unfair penalties for your criminal charges.

Indianapolis Criminal Attorney

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss the best strategies of defense for your Indiana criminal charges. Our law firm works around the clock, using every resource in our power, to protect our client’s rights and preserve their freedoms. Call 317-636-7514 today and schedule a free initial consultation to get started on an impactful and strong defense against your criminal charges in Indianapolis, Indiana.

How to Seal Your Arrest Record After a Diversion Agreement

Posted on January 16, 2017 by admin

Seal Arrest Records 317-636-7514

Minor arrests that do not result in criminal charges are rare but not uncommon in Indiana. Infractions like public intoxication, for example, are generally dealt with by arresting the offender and placing them in a holding cell, colloquially known as the “drunk tank”, and then released without being charged with a crime once they are sober. This is intended to keep citizens safe from themselves and others when overly-intoxicated and behaving alarmingly in public.

In other cases, offenders are not so lucky. But many are given the chance to enter a diversion agreement in place of stricter penalties and jail time if their offense did not involve aggressive conduct.

Diversion Agreements

A diversion agreement is a contract that is generally negotiated between the prosecutor and the criminal defender. The agreement allows the charges to be dismissed after one year if the defendant meets certain criteria. Criteria mostly includes refraining from criminal activity and arrests, as well as, not violating probation or any mandatory court orders. This is a great program for first-time offenders who are caught committing a minor crime or infraction. It gives them a second chance. But even though charges are dropped at the conclusion of the year, the arrest will still linger on their permanent record.

Arrest Records

Seal Arrest Records 317-636-7514

When a person is arrested, but not charged, or they enter a diversion agreement, their criminal record won’t show a conviction, but it will document the arrest and the details surrounding it. For some, especially those in political or professional positions, having even an arrest on their record is life-changing and can affect certain areas of their life, both vocationally and personally.

For this reason, many people choose to have their arrest records sealed. And the new Indiana Second Chance Law allows qualifying Hoosiers to do just that. Continue below to learn how you can determine your eligibility for record sealing, and where to get started.

Sealing an Arrest

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. If you are interested in sealing your arrest records, you can petition to do so at your local county clerks’ office. However, it is not recommended to file without professional assistance. The process of sealing arrest records is highly-complex and tedious. Just one clerical error or missed deadline can revoke your right to petition forever. You must retain the services of an experienced Indianapolis criminal attorney for helping with the filing and petition process. This will guarantee success in terms of proper filing.

Indianapolis Criminal Defense

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 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.

Can a Cop Be Fired for Excessive Use of a Taser?

Posted on January 9, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

Police officers are an incredible and significant line of defense for our cities and surrounding communities. But sometimes, just as any person in any vocation, cops can make poor choices that result in serious penalties. For instance, using their registered weapons inappropriately. While on-duty, cops are faced with the difficult decision to use their weapons for defense and public safety, including flashlights, nightsticks, Tasers, and of course, firearms.

And how the officer chooses to use their weapons greatly depends on the actions of the suspect or suspects. However, there have been cases where an officer is accused of using their weapons in excess, resulting in unreasonable injury to a person. In these kinds of cases, the question of reasonability commonly arises, as well as, the whether or not the officer should receive a penalty for their actions. One such question arose in the small town of Peru, Indiana, involving a cop, a taser, and an elderly nursing home patient. Continue reading to learn what happened.

PERU CITY POLICE DEPARTMENT and City of Peru v. Gregory MARTIN

No. 52A02–1304–PL–350. Decided: September 03, 2013

In 2012, a Peru City police officer by the name of Gregory Martin was dispatched to Miller’s Merry Manor after a call to 911 was made by a nurse named Adam Chambers. Chambers made the call to request assistance transporting a combative patient to the hospital. The patient was James Howard, a 64 year old Alzheimer’s patient. Upon arrival, Officer Martin was joined by Officer Jeremy Brindle, and they were then escorted to the locked Alzheimer’s ward section of the facility.

Indianapolis Criminal Defense Attorney 317-636-7514

After asking staff to stay back and not intervene, the officers entered Mr. Howard’s room and found him sitting in a chair unclothed, and staring straight ahead. As the officers moved in closer, they ordered Mr. Howard to get on the gurney, but he did not obey the order. Instead, Mr. Howard began “shuffling” toward Officer Brindle with his fists clenched at his sides. Officer Brindle was cornered in a T-section hallway as he tried to grab Mr. Howard’s wrists and handcuff him. Unable to do so, Officer Martin then yelled, “Taser!” and deployed his onto Mr. Howard’s torso. Mr. Howard fell on the floor and laid on his back. He would still not comply with the officer’s commands, and turned over on his belly so he could not be handcuffed. As a result, Officer Martin ended up using the Taser on Mr. Howard 5 times, equaling a deployment of 31 seconds total.

After being admitted to the hospital, Mr. Howard’s injuries were documented, including a black eye, bruising, skin abrasions, and marks on his side. His wife was not pleased with the treatment he received by the officers on call. And for this, she filed a complaint with the Peru City Police Department for excessive use of a taser. An internal investigation followed, putting Officer Martin on administrative leave. The Peru City Police Chief, Chief Hoover, recommended Officer Martin’s termination after deciding he used excessive force with the Alzheimer’s patient. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover, so Officer Martin was discharged and sought review in the trial court.

After reviewing Officer Martin’s Taser training that specifically teaches that Taser exposure for over 15 seconds, whether due to multiple applications or a continuous one, increases the risk of death or serious injury. 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.” He was fired.

Learn the Facts First

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

When it comes to brushes with law enforcement, every situation is unique and requires a detailed look at the individual merits involved. For this reason, it is best to discuss your questions, concerns, and criminal charges with an experienced criminal defense attorney who can provide specific information regarding your individual circumstances. Contact David E. Lewis, Attorney at Law, at 317-636-7514 for experienced Indianapolis criminal defense you can trust.

Do I Have to Answer My Door if it’s the Police?

Posted on January 2, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

One of the most common questions received by criminal defense attorneys is, “Am I legally obligated to answer my door if it’s the police?” And it is actually a very good question. Answering the door doesn’t usually cause any sort of alarm for someone, but when it’s the cops knocking, many residents get paranoid. They are concerned that police have the legal right to barge into their home and begin searching for incriminating evidence against them if they open their door. They wonder whether or not opening their door to police allows officers to come inside without permission.

Unfortunately, the answer to these queries are not so cut and dry, but it is easy to understand. Continue reading to learn your rights to such privacy in Indiana, and what to do if you are confronted by law enforcement at your place of residence.

The Fourth Amendment

Every United States citizen has the right to a certain degree of privacy, as alluded to in our country’s constitution under the 4th Amendment, which reads “The right of the people to be secure in their persons, houses, papers, and effects, [a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” SOURCE

The Right to Decline

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Citizens, in most cases, have the right to legally decline to open the door for law enforcement, as well as, terminate their opportunity for entry (i.e. shut the door after answering it to prevent further communication). However, there are always exceptions to every rule. If law enforcement retains the proper documents, such as search or arrest warrants, they can enter a person’s home, even without permission.

The circumstances vary from case to case, which is why it is imperative to discuss your legal concerns with an experienced Indianapolis criminal defense lawyer. They have the knowledge, skills, and local resources to provide accurate answers and professional counsel you can trust.

How to React to Law Enforcement at Your Door

The best way to deal with law enforcement at your door is to simply answer it. If you are not aware of any crimes or charges against you, there should be nothing to worry about. Most often, if you are not suspected of a crime, police are simply in need of some neighborhood information, such as a missing person’s case, abandoned vehicles, and vacated apartment units. Otherwise, the police may believe you could be a witness to another person’s crime, and they need your help. If they do not have a warrant for your arrest, or to search your premises, you can shut the door and terminate your conversation at any time without legal recourse. As soon as the interaction is over, contact your defense attorney for further instructions. The police could be on their way back to the station to secure a warrant in some cases.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense you can trust. Our law firm offers free initial consultations to freely discuss the charges against you and the best strategies for defense. We will work around the clock to protect your rights and to preserve your freedoms. Call 317-636-7514 to get started today.

Standard Indiana Penalties for Theft Convictions

Posted on December 19, 2016 by admin

Indiana Criminal Defense Attorney 317-636-7514

If a person knowingly and deliberately takes control of another property with the intent to keep it away from them permanently, that person is committing the crime of theft according to Indiana legislature. If they are caught committing this criminal act, they can be arrested, detained, and charged with theft. There are several types of theft charges because there are so many different types of theft: white color crimes, fraud, grand theft auto, shoplifting, and more.

Every type of theft charge comes with a strict set of penalties, but they all differ from case to case. The severity of penalties, including jail time, also differ depending on the type of theft and the total accumulated value of the stolen items. Continue reading for a brief look at the standard penalties for common theft charges and convictions in Indiana.

Indiana Theft Charges and Penalties

Theft is considered the act of intentionally and knowledgeably exerting control over one’s property without consent or authorization. “Exerting control” can mean a variety of actions, including taking, possessing, obtaining, controlling, leading away, carrying, driving, concealing, selling, abandon, encumbering, conveying, transferring, securing, reproducing, or extending a right to another’s property.

In minor to moderate cases, theft is a Class A Misdemeanor. This is punishable by up to 1 year in jail and up to $5,000 in fines. However, certain enhancements can increase the level of punishment. In moderate to major cases of theft, the crime ranges from Level 5 to Level 6 Felonies. Look below for details of each.

IC 35-43-4-2

✪ Theft if a Level 6 Felony if:

➝ The value of stolen property is between $750 and $50,000.
➝ The stolen property is a firearm.
➝ The offender has a prior theft conviction of similar nature.
➝ And More

A Level 6 Felony punishable by 1 to 3 years in prison, and up to $10,000 in fines.

✪ Theft if a Level 5 Felony if:

➝ The value of stolen property is $50,000 or more.
➝ The stolen property is a valuable metal.
➝ The stolen property came from a hospital, healthcare facility, public utility, telecommunications provider, or key facility.
➝ The stolen property relates to transportation safety.
➝ The stolen property relates to public safety.
➝ The stolen property’s absent creates a risk of public safety or bodily injury to another person.
➝ And More

A Level 5 Felony punishable by 2 to 8 years in prison, and up to $10,000 in fines.

Arrested for Theft?

Theft charges, as well as the laws surrounding theft in Indiana, are complex and vary from case to case. For this reason, it is important to hire an experienced criminal defense attorney for help navigating your case, protecting your rights, and preserving your freedoms. With a reputable defense lawyer in your corner, you have the best chance at avoiding the maximum penalties for your theft charges.

Indianapolis Theft Lawyer

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm uses every resource in our power to protect your rights and preserve your freedoms. Schedule a free initial consultation to begin strategizing a powerful and impactful defense for your theft charges. Avoid the maximum penalties for theft charges in Indiana with the help of David E. Lewis, Attorney at Law!

What are Pirtle Rights?

Posted on December 13, 2016 by admin

You’ve probably heard of the common American criminal jurisprudence called the Miranda Rights. These are the rights given to criminal suspects to protect them from incriminating themselves further. You can learn more about your Miranda rights by reviewing the fifth and sixth amendments of the United States Bill of Rights. They read as follows:

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

Review our blogs about “Understanding Your Miranda Rights” for a closer look behind the meaning of these amendments and their origins.

But aside from criminal suspect rights prior to an arrest, there’s another set of rights that exist to protect suspected criminals from impeaching searches and seizures. This is called the Pirtle Rights. Continue reading to learn more.

Indianapolis Criminal Defense 317-636-7514

Your Pirtle Rights

The Miranda Rights primarily apply to interrogations, but your Pirtle rights apply to law enforcement seeking consent to search your property, whether vehicle, home, storage unit, or business. If a person is in police custody and asked to consent to a search of their property, they have the right to consult with their attorney and have them present before giving consent.

However, there are exceptions to this rule. If a police officer has reasonable belief that a person’s vehicle or property contains evidence related to the stop or arrest. For example, if a person is pulled over for speeding and the officer smells marijuana emitting from the person’s vehicle, the officer would be legally permitted to carry out a search of the vehicle since they have a reason to believe there may be drugs present.

It is important to discuss your personal rights with an experienced criminal defense attorney before choosing to invoke them during any future run-ins with law enforcement. Because there are some exceptions to the rule of your Pirtle rights, it is important to understand when it is appropriate to invoke them and when it is not. A trusted Indianapolis defense lawyer can provide you accurate and up-to-date information regarding all of your rights as a suspected criminal in Indiana.

Indianapolis Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indiana. Our law firm works around the clock, using every resource at our power to secure the best possible outcome for our client’s cases. Our top priority is to protect your rights and preserve your freedoms as a criminal suspect in Indiana. We offer free initial consultations to discuss your criminal charges and the best strategies for defense.