Information About State Felony Appeals and Criminal Defense

Posted on April 16, 2018 by admin

If you have been convicted of a state-level felony offense, you are in need of immediate criminal defense! Learn what you need to know about appealing a felony conviction and where to find aggressive legal representation to fight for your rights and preserve your freedoms.

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Your Right to an Appeal

Those convicted of a state felony offense, but have not yet pleaded guilty to the conviction, may have the opportunity to appeal in a state court of appeals. Unfortunately, those who have already plead guilty to a state felony crime have also forfeited their right to an appeal.

Your Criminal Defense Lawyer’s Role

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

Appealing a Felony Conviction

As the defendant, you hold the burden of proving your appeal. In fact, the opportunity to appeal will not be offered to you by the courts, which means you alone have the responsibility of asking your criminal defense lawyer to put an appeal into motion. Keep in mind that criminal defense lawyers will not automatically file an appeal if a case is lost, unless it is officially requested by the client.

Winning Your Appeal

The progress of your appeal depends on the ruling of an appellate judge. The judge will review the case presented by you and your lawyer, and then decide whether or not there the appeal has any merit and deserves an appeal. If the appellate judge decides that the appeal is not valid nor warranted, it will be denied at your appellate hearing.
In the case that an appeal is granted, both the prosecution and the defense must turn in written briefs for appellate review; then a new verdict can be handed down by the judge. State court of appeals may declare a mistrial, overturn a guilty verdict, or reduce the original conviction.

Indianapolis Criminal Defense That Fights For You!

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.

The Basics of Criminal Discovery

Posted on April 10, 2018 by admin

When a person is accused of a crime, they have several rights according to our country’s Constitution. Of these rights, a common criminal process called discovery is not necessarily one of them. However, it is a process that can be highly pertinent to a criminal case.

Continue reading to learn more about the criminal discovery process and who to trust for professional legal advice regarding your criminal charges.

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The United States Constitution gives all criminal defendants the right to face their accuser in trial, but it does not provide them the right to know details of all the evidence the prosecution has against them. Although the U.S. Constitution does not decree this as a citizen right, there is a process known as criminal discovery that allows a defendant to have knowledge of the evidence that will be presented in trial in support of the prosecuting attorney’s case.

Most states do not give criminal defendants the automatic right to discovery, but many will still allow it depending on a range of factors. Each state has their own unique set of procedures for criminal discovery, all of which are contingent on timing, method, time frame, and more. Regardless of state legislation, all defendants have a particular constitutional right to exculpatory evidence, also known as “Brady Evidence” (Brady v. Maryland case). If a state fails to comply with this right, it is known as a “Brady violation.”

Civil vs. Criminal Discovery

The discovery process is a likely opportunity for both parties in civil cases, such as tort claims and divorces. That is because most states have rules that give all civil parties the automatic right to request any type of information or evidence. In criminal cases, however, the process is much different. In contrast to civil cases, the prosecution does not have to obtain evidence the defense would like to have; instead, they must disclose the evidence they already have against the defendant.

Similarly, state agencies have rules that govern how a defendant can get information about the evidence against them, including when they can obtain it and to what extent. Because a defendant must make a written motion to formally request criminal discovery, as well as, appear at a hearing to acquire a ruling approving discovery, it is strongly recommended to hire a licensed Indianapolis criminal defense attorney who can implement all the legal paperwork and defend your rights.

Criminal Defense That Doesn’t Stop Fighting For You

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

Attorney David E. Lewis Offers Impactful Criminal Defense for Theft Crime Offenses in Indiana

Posted on April 4, 2018 by admin

Theft Criminal Defense 317-636-7514

There are several types of theft crimes a person can face in Indiana. Whether charged with petty shoplifting, or arrested for auto theft, theft crimes can come with lasting consequences and serious legal penalties. If you were arrested for a theft crime in Indiana, it is vital to your case to learn your rights and the penalties you face. You could be sentenced to prison, extreme fines, and more if you do not take action fast. The only way to protect yourself from receiving the maximum penalties for theft charges is to hire a tough and experienced criminal lawyer.

Attorney David E. Lewis has represented numerous theft crime cases, and can save you from unfair penalization for theft charges. He is the theft lawyer that is known for aggressive and powerful defense, using his thorough understanding of courtroom procedures and tactics from his hands-on experience to win the most favorable outcome possible for his clients. Look below at all of the different cases our law firm handles here in Indiana.

Our Theft Crimes Defense Practice Areas Include:

☑ AUTO THEFT
☑ CREDIT CARD THEFT
☑ BURGLARY
☑ FRAUD
☑ SHOPLIFTING
☑ ACCEPTING STOLEN GOODS
☑ MISDEMEANOR THEFT
☑ FELONY THEFT
☑ ROBBERY
☑ AND MORE

Auto Theft Charges

The act of stealing a vehicle is called auto theft. Although portrayed differently in the media, car theft is not the glamorous and exciting crime as seen on television, but rather a serious Indiana felony crime that comes with lasting consequences. If you have been charged with auto theft in Indiana, it is vital to your future and your freedom to retain competent legal services. David E. Lewis, Attorney at Law, has extensive trial and litigation experience in the criminal law field and knows how to position you in front of the courts in a way that’s most favorable to your case.

Robbery and Burglary Charges

Burglary, also referred to as “breaking and entering”, is a serious felony crime that often results in multiple criminal charges since more than one crime is usually committed. A person can be charged with the crime of burglary if they illegally enter any type of structure, not just homes. This includes businesses, schools, trailers, campers, houseboats, tents, campsites, and more. Robbery is the crime of taking another person’s money or property by either instilling fear in them, or using force, violence, or intimidation.

Depending on whether or not a weapon was used to commit the crime, robbery is generally charged as either Level 6 or Level 5 felony offenses. In Indiana, the penalties for robbery and burglary charges are at felony levels, and can affect several aspects of your life, both instantaneously and long-term. To avoid prison sentences and over-penalization, you need a theft attorney who knows burglary and robbery criminal law. David E. Lewis is the tough and driven criminal lawyer that will work around the clock to and protect your best interests and secure your freedom!

Shoplifting Charges

Taking merchandise from a commercial store or business without paying for it is a shoplifting crime. But for objects of high value, a person can potentially face grand larceny charges, an offense that comes with a much more serious conviction. Although not the most serious of misdemeanor and felony theft crimes, shoplifting is still penalized harshly in Indiana, and can subject a person to jail time and expensive fines. With competent legal counsel, however, those charged with shoplifting have a stronger chance at dropping or reducing their charges and avoiding strict penalties!

An Indianapolis Criminal Defense Attorney You Can Trust

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 theft 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.

The Difference Between Affirmative and Negating Defenses

Posted on March 27, 2018 by admin

There are various types of defenses in criminal law. However, all defenses can be categorized as either affirmative or negating. Continue reading to learn the difference between these two defenses, and who to trust for professional legal advice regarding your current criminal charges.

Criminal Defense Law Firm 317-636-7514

Affirmative Defenses

In the case that a defendant admits guilt to a particular crime, but also offers additional evidence and information in attempt to justify, excuse, or explain their actions, they are using what’s called an affirmative defense. If you have ever watched a crime television show, you may have seen examples of such defenses in a fictional courtroom.

Common affirmative defenses include self-defense, alibis, infancy (a child or youth), mental illness, intoxication, and insanity. Additional examples include being framed, error of fact, diminished capacity, duress, and similar types of circumstances or conducts. If an affirmative defense is successful, it usually means that the defendant’s liability for the crime is reduced or absolved.

Negating Defenses

In contrast to affirmative defenses, negating defenses are used to scrutinize or question an indispensable element of the criminal charge brought forth by the prosecution. This can be a useful strategy for defense since the prosecutor carries the burden of proving the defendant’s guilt beyond a reasonable doubt. Negating defenses help create doubt surrounding the evidence that the prosecution is using to convict the defendant.

However, in order for a negating defense to have a chance at being successful, sufficient evidence must be presented to support the element of the criminal charge in question. This must include physical evidence, such as video surveillance, voice recordings, eye witnesses, alibis, and other forms of tangible proof.

Talk to Your Lawyer

The permitted use of affirmative defenses vary from state to state. In most states, two types are generally accepted: excuses and justifications. In cases where a defendant denies guilt altogether, the alibi affirmative defense is common. Talk to your trusted Indianapolis criminal defense lawyer for help understanding the best strategy for defense to fight your criminal charges. They can build you a strong and impactful case to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense Law Firm

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive 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.

FAQS About The Indiana Criminal Justice Process

Posted on March 20, 2018 by admin

Below you will find some of the most frequently asked questions about the Indiana criminal justice process. Review the answers for help understanding the state and federal laws regarding adjudication and legal procedure. If you are facing criminal charges, it is important for you to know this information.

Talk to your trusted Indianapolis criminal defense lawyer about your particular questions and concerns about your upcoming trial or hearing. They can give you the legal, professional support you need to get through this tough period. In the meantime, start with these FAQ’s about the Indiana criminal justice process.

Criminal Defense Law Firm 317-636-7514

What is Involved in the Criminal Justice System Process?

There are numerous steps that take place when processing a criminal case. However, the basic steps go in this order: Investigation, arrest, prosecution, indictment, arraignment, pretrial detention, plea bargaining, trial, sentencing, appeals, and penalties.

What Steps are Part of a Criminal Court Case?

The process of criminal prosecution progresses in a sequence of stages. Most start with an arrest, and end with a defendant accepting a plea bargain. Other times, the process ends at during or after a trial. The basic steps, however, generally include arrest, bail, arraignment, preliminary hearing (or grand jury proceedings), pretrial motions, trial, sentencing, and appeal.

What Can I Expect at My Preliminary Court Hearing?

Preliminary hearings, also known as probable cause hearings, are the first fundamental hearing in the criminal justice process. At a preliminary hearing, a defendant can expect a very brief court appearance. It is basically a “trial before a trial” in that it is used to determine whether or not charges should be dismissed, or if there is enough evidence to make a defendant stand trial.

Do I Need a Lawyer For My Criminal Charges?

Regardless of how minor or major your criminal charges are, you do need a licensed attorney who can build an impactful defense. They are there to help you avoid the maximum penalties for your criminal charges. They are your only hope of protecting your rights and preserving your freedom. It is very reckless and irresponsible to represent yourself when facing criminal charges. Answering to unpaid parking tickets is not like facing shoplifting charges. You could go to jail if you do not interpret the law properly. A criminal defense lawyer can protect your from making such mistakes.

Indianapolis Criminal Defense You Can Count On!

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

Need-to-Know Courtroom Terms and Definitions

Posted on March 12, 2018 by admin

If you are facing a court trial for criminal charges, it is helpful to know some common terms and definitions that will likely be used to adjudicate your case. This knowledge will allow you to comprehend the proceedings of the trial and better understand the circumstances of your sentencing and subsequent penalties.

Continue reading to get started right now!

Indianapolis Criminal Defense Law Firm 317-636-7514

Arraignment

– This is the trial in which a judge informs a defendant of their criminal charges.

Pre-Trial

– Any type of official proceedings that take place before a criminal trial.

Trial De Novo

– A new or sequential trial.

Failure to Appear

– The action of a defendant missing a scheduled, court-ordered, mandatory hearing. Also known as an “FTA.”

Dismissal

– A case, action, suit, or motion that is dismissed by the court without a trial.

Prosecutor

– The state or government attorneys who review criminal cases for filing. This includes District attorneys, state prosecutors, and Attorney Generals.

Defendant

– An individual being charged or prosecuted for a crime they are suspected of committing.

Judge/Magistrate

– A public official who is legal authorized to decides cases in a court of law.

Bailiff

– The person who maintains order, safety, and security in the court room. This includes Deputy Marshals, Deputy Sheriffs, and Correctional Officers.

Bench

– The built-in desk and seating area at the head of the court room. This is where the judge sits and people testify.

Charges

– Unproven violations of the law that must be answered to by the accused in a criminal case.

Case

– A situation of dispute contested in a court of law.

Discovery

– The process in which a defendant is given the right to review all alleged charges and evidences that the prosecution has (and may use) against them.

Conviction

– A final judgement regarding a criminal case.

Motion

– A request for a particular order or ruling by the judge.

Motion Granted

– A judge allows for a requested motion.

Denial of Motion

– A judge refuses to allow a requested motion.

Order

– A court ruling over a lawyer’s motion or request.

Objection

– The act of opposing or contesting a piece of evidence presented by the opposing party.

Overrule

– A judge’s refusal to gratify an objection by counsel in regards to evidence.

Sustaining

– A judge’s approval to uphold an objection by counsel in regards to evidence.

Plea

– A formal statement given by a defendant in regards to their criminal charges that discloses their guilt or innocence.

Not Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that asserts innocence.

Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that admits guilt.

Nolo Contendere (No Contest)

– A “no contest” plea, which automatically renders the defendant as guilty. This plea cannot be recanted in future civil matters unless allowable by law.

Evidence

– Any real thing presented to the court as proof to support a fact. This includes items, witness testimonies, social media activity, recordings, photographs, and more.

Probable Cause

– Specific and connected facts that would cause a practical, reasonably-thinking person to believe a crime has been committed, and that it was committed by the accused defendant.

Admissible

– Evidence that is pertinent to the criminal charges against the defendant, and allowable in a court of law.

Hearsay

– An alleged statement made outside of the courtroom and presented as proof to refute a particular matter being affirmed in court.

Jury

– A group of men and women who have been appointed by trial attorneys to assess evidence and decide questions of fact. This group usually consists of 12 people, 18 years of age or older.

Hung Jury

– A jury that cannot come to a unanimous agreement of guilty or innocent after an extended period of deliberation.

Judgement

– The court’s official decision regarding the rights and claims of the involved parties in a criminal case.

Sentence

– The formal decision or finding made by the court in regards to a defendant after they have been convicted of a crime (or crimes).

Verdict

– The formal decision made by the jury.

Are You Facing Criminal Charges in Indiana?

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.

Common Questions About Criminal Defense Attorneys

Posted on March 2, 2018 by admin

When a person is arrested and charged with a crime, the first thought that usually comes to mind is to hire a lawyer. A criminal defense lawyer is an offender’s best opportunity at avoiding the maximum penalties for their criminal charges, including jail time. Every case is different, and varies among people and counties. But in all criminal cases, the most important step you can take as an offender facing jail time is to hire the right criminal defense lawyer. This is a critical to protecting your rights, preserving your freedoms, and securing a happy future.

Continue reading to learn some important answers to common questions about criminal defense attorneys, so that you can make the best decision for your legal defense and pending criminal case.

Criminal Defense Law Firm 317-636-7514

Do I Really Need a Criminal Defense Attorney?

If you want to avoid jail or have your charges dropped or reduced, you need to hire a criminal lawyer. You can opt for a public defender, but you have a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements by using private defense.

What Will a Criminal Lawyer Do that a Public Defender Can’t Do?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

All Criminal Defense Attorneys are the Same; Right?

No. There are many unqualified and inexperienced lawyers that may claim to have knowledge of a certain area of law, but not extensively enough to beat federal or state criminal charges. It is important to find an attorney that has several years of experience and that has represented cases similar to yours, successfully. Be sure the lawyer you hire is proficient in the particular area of law that your charges fall under.

How Much Does it Cost to Hire a Criminal Attorney?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

Who Can I Talk to About My Case?

Never discuss your case with anyone except your defense lawyer or legal team. This is critical to the outcome of your case. Everything discussed among your defense team is confidential, but with anyone else, it’s not. It is especially important to not discuss your case with law enforcement officers. They are not your friends and anything you tell them can be and will be used against you in a court of law. If anyone tries to ask you about your case, including insurance adjusters, cellmates, coworkers, friends, family, and strangers. Simply remain silent, and if they persist, tell them you refuse to discuss anything without your lawyer present.

Call Criminal Defense Attorney, David E. Lewis

David E. Lewis Criminal Defense Attorney

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

If you do not already have a licensed Indianapolis 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.

Don’t Let a Criminal Charge Scare You Away From Fighting for Your Freedom

Posted on February 19, 2018 by admin

When facing a criminal charge, your life suddenly becomes up for debate. You just don’t know what the future holds until you receive that final verdict. For this reason, you need to ensure you have skilled and aggressive legal defense to protect your future and your freedom.

Criminal Defense Law Firm 317-636-7514

Defense Attorney, David E. Lewis, Will Fight Your Indiana Criminal Charge Using Every Resource in His Power! When it comes to representing clients, he is the skilled Indianapolis criminal defense lawyer who has what it takes to protect your rights and preserve your freedoms! You can avoid the maximum penalties for your charges with his aggressive legal representation!

What He Can Do For You

David E. Lewis, Attorney at Law, provides aggressive criminal defense for anyone charged with a crime in Indiana. His office is based out of Indianapolis, but his legal services are available for all cities and counties within the state. He is a licensed defense lawyer with more than 25 years of experience practicing criminal law, and has developed an extensive understanding of the how the justice system works in Indiana.

He is Always Present for His Clients

He has a passion to reunite his clients with their loved ones so they can get back to leading a happy and law-abiding life after a distressing criminal case. Call his office at 317-636-7514 if you have been charged with a crime in Indianapolis. Whether your case is small or highly complex, Attorney David E. Lewis treats all cases as if they are his own charges, and maintains an unbreakable respect for his clients.

How to Get Started

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

For a more in-depth look at the Law Office of David E. Lewis, call our Indianapolis criminal defense law firm 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!

Basic Information About Record Sealing and Expungement in Indiana

Posted on February 12, 2018 by admin

Indianapolis Criminal Record Expungement Lawyer 317-636-7514

Criminal Record Expungement 317-636-7514

In Indiana, criminal record expungement is now legal, but under very specific circumstances. And petitioners only get one chance at filing for expungement in a lifetime. To make things even sterner, only certain offenses can be expunged, and courts will only grant record expungement based on several key requirements. Not all will qualify, but for those who do, criminal record expungement can open up new doors and new possibilities in various facets of life, including employment, housing, bank loans, financial aid, and more. Continue reading to learn some fundamental information about sealing and expunging
arrest records in Indiana.

What is Expungement?

Expungement refers to the erasure or elimination of criminal convictions and/or arrests from one’s permanent record. Only under certain circumstances does a person qualify to expunge criminal records. Records that are not eligible for expungement, however, may be eligible for criminal record sealing. Records that may be expunged include but are not limited to:

▣ Arrest Records
▣ Misdemeanor Convictions
▣ Level 6 Felony Convictions
▣ Level 6 Felonies Reduced to Misdemeanors

What is Record Sealing?

Sealing criminal records means to restrict them from certain access. The only authorities that can access sealed records are criminal justice agencies, and at times, childcare agencies. Records that may be sealed with restricted access include but are not limited to:

▣ Arrest Records
▣ Misdemeanor Convictions
▣ Level 6 Felony Convictions
▣ Level 6 Felonies Reduced to Misdemeanors
▣ Other Felonies

Which Crimes CANNOT Be Expunged?

Convictions that cannot be expungement or sealed include murder, sex crimes, feticide, manslaughter, reckless homicide, human trafficking, assisting or causing suicide, transfer of contaminated bodily fluids, registered sex offender status, and inappropriate communication with a child or minor.

Where Can I Find Indiana Criminal Record Expungement Petition Forms?
Right Here: Indiana Division of State Court Administration

The process that is required of the petitioner for record sealing or expunging is highly complicated, and revolves around a stringent schedule that’s difficult to follow. One little filing mistake or missed deadline, and a person loses their chance at sealing their public criminal history forever. For these reasons, it is imperative to retain the professional legal counsel of a licensed attorney that’s familiar with the Indiana expungement laws and provides services for filing and petitions.

For Expungement Assistance, Call Attorney David E. Lewis!

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

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal or expunge 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, today.

Who Creates the Law?

Posted on February 6, 2018 by admin

When it comes to law creation, it all starts with the United States Congress. They create and pass “bills”, which the President of the Unites States must sign to make it into law. However, not all bills signed into law are created equal. The federal court system can challenge these bills, and even have laws overturned, if they deem them unconstitutional. This has happened several times in our country’s history, most recently, in California regarding same-sex marriages.

Federal Crime Defense 317-636-7514

State Law

As for state law, a similar process ensues, but it ensues on a state level, versus a federal one. Rather than congress, it is the state legislatures that create and pass on bills, which may or may not turn into state law. And rather than the U.S. President signing off on them, it is the state Governor instead. Similarly, however, state courts have the jurisdiction to review such bills and laws, and even have them overturned if they challenge or contradict the U.S. Constitution.

Judicial Hierarchy

When it comes to pecking order, judicial hierarchy starts with the federal court system, which includes district courts, circuit courts, and the Supreme Court. There are 94 district courts within the federal court system. These are trial courts that handle both civil and criminal cases. The federal court system also includes 12 court of appeals, also known as circuit and appellate courts. Appellate courts are in place to review the rulings of trial courts, which means they actually have more judicial influence than district courts.

The Supreme Court is the federal court that has ultimate power over all rulings within the United States judicial system. As the only court that was established by the Constitution, it has the power to judge whether federal, state, and local governments are acting within law, and can even decide if the President’s actions are constitutional or not. Mostly, the Supreme Court generally handles cases of National importance.

When They Conflict

There are several examples in which state and federal law conflict with one another, like in the case of medicinal and recreational marijuana usage, same-sex marriage, and even seat belt laws. Here are some possible scenarios:

❖ If state law provides a defendant with more privileges than federal law, state law will legally presume in that state. For example, if a person lives in a state in which medical marijuana is legal on a state level, but illegal on a federal level, the state law will prevail because it gives citizens more civil rights.

❖ In contrast, if state law allows for something that the federal law explicitly prohibits, such as possession of marijuana, the federal law will prevail in court cases.

❖ Also, if a state enforces more accountability on its residents than the federal law does, the state law will presume. This is common in regards to state and federal seat belt laws.

An Indianapolis Criminal Defense Attorney You Can Trust

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.