Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana

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If you were recently arrested on felony or misdemeanor charges, it would be wise to review some of the possible penalties you will face in court if found guilty. The most common court-ordered penalties include probation, ignition interlock devices, electric monitoring, home detention, community service, legal fines, and more. Violating any court-ordered terms and conditions can result in a separate set of criminal charges, including actual jail time. Continue reading to learn about some common court-ordered penalties, and which steps to take next if you are facing criminal charges.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Probation

For anyone facing a misdemeanor charge, it is common to be sentenced to probation in lieu of serving jail time. Probation is a “probationary period” in which defendants must comply with all laws and court-ordered rules, while also completing all court-ordered tasks before their probation period is up. This period can last anywhere from 6 months to 2 years, depending on the type of convictions. It can also involve routine visitation to a probation headquarters to meet with a court-assigned probation officer. A probation officer’s job is to supervise an individual’s behavior, activity, and progress. Violation of any probationary terms, such as skipping a scheduled probation meeting or coming up positive on a drug test, can put a person back in front of another judge for additional sentencing.

Ignition Interlock Device (IID)

A common outcome for a convicted individual is an ignition interlock device (IID), which is much like a built-in breathalyzer inside a car. This device is generally reserved for habitual offenders, and installed in a person’s primary vehicle for the purpose of preventing them from driving drunk. An ignition interlock device is near the size of a mobile phone and usually installed in a car’s engine. It locks the ignition and prevents the vehicle from starting up until the driver breathes into the device, and renders a BAC level that is lower than 0.04 percent. If the offender has a BAC higher than that, the car engine will not start up. If the device reads a test that is over 0.04%, it records it and prints it out to local authorities. It is often treated as a violation, which can result in more penalties.

House Arrest

In place of jail time or imprisonment, a judge may order an offender to home detention, also known as house arrest. Those sentenced to home detention are not permitted to leave their premises under any circumstances, other than for work, rehabilitation treatment, drug/alcohol classes, court-ordered services, doctor visits, and other pre-approved activities. In fact, they are usually mandated to wear an electronic monitoring bracelet, also called an ankle monitor, which uses GPS to monitor where an individual is located. Overall, the main purpose of house arrest is to prevent a convicted individual who is under state supervision from committing more crimes or being involved in more illegal activity.

Additional Possibilities May Include:

☑ Random Drug Testing
☑ Victim Impact Panels
☑ Alcohol / Drug Education
☑ Substance Abuse Rehabilitation
☑ And More

Indianapolis Criminal Defense That Fights For You

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

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.

Indiana Drug Trafficking Facts for Criminal Defense

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If you or someone you love is facing drug trafficking charges in Indiana, it is helpful to learn some facts about the criminal justice system and prosecution process for such charges. Just know that you are not condemned to the maximum penalties for your drug trafficking charges. With the help of an aggressive and experienced Indianapolis criminal defense lawyer, you have a better chance at reducing your charges and avoiding jail time. They can help to protect your rights and preserve your freedoms.

Drug Criminal Defense Lawyer 317-636-7514

Drug Criminal Defense Lawyer 317-636-7514

Drug Trafficking Charges are Very Serious

In Indiana, the judicial systems objective with every case of trafficking and drug dealing laws is to set an example. This means that the penalties are much harsher, and usually always include substantial fines and longer prison sentences.

The level of punishment handed down for a drug trafficking conviction will vary depending on several factors, such as criminal history, amount, enhancements, and the type of drug.

Regardless of variables, virtually all drug trafficking convictions are felonies, ranging from Level 6 felonies to Level 1 felonies. There are various types of drug dealing charges, all of which come with separate levels of punishment.

Common Trafficking Charges Include:

▶ Preparation and/or Packaging
▶ Manufacturing
▶ Transporting and/or Shipping
▶ Selling
▶ Bartering
▶ Distributing

Common Drug Trafficking Defenses:

▶ Illegal Search & Seizure
▶ Mistakes in Case Facts
▶ Suppression of Evidence
▶ No Probable Cause for Search
▶ Entrapment
▶ Drug Misidentification

Who Can Help You?

Drug charges and convictions can effect virtually every aspect of a person’s life, and perhaps the lives of their loved ones. This is especially true for drug convictions since many can continue to negatively affect a person’s life long after they’ve completed their sentence. This is why it is important to appoint a licensed and experienced drug crime defense lawyer to help with your case. A knowledgeable drug crimes attorney is your strongest shot at avoiding jail time and extreme penalties for drug charges.

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

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

David E. Lewis, Attorney at Law, will build a strong defense for your case to gain a more promising outcome for you and your future. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. We leave no stone unturned when fighting our clients’ criminal charges. Call our office at 317-636-7514 and schedule a free consultation to have your case evaluated, today.

Information You Need to Know About Prescription Drug Abuse in Indiana

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Prescription Drug Criminal Defense 317-636-7514

Prescription Drug Criminal Defense 317-636-7514

If you or someone you love is suffering from prescription drug abuse, it is important to know that there are hundreds of resources available that will help you find a path to recovery. Below you will find a list of prescription drug abuse facts that are reported by the Office of the Indiana Attorney General. Not only can these realities can give you the knowledge and inspiration you need to get help for you or your one you love, they can protect you against health complications, death, and legal trouble.

Where to Find Help

There are many resources to choose from here in Indiana that can help addicts and drug users in need. Here are some to consider:

www.drugs.indiana.edu

www.recoveryindiana.org/selfhelp.php

www.addictionnomore.com/indiana

www.freerehabcenters.org/state/indiana

www.drugfreemc.org

The Truth About Prescription Drug Use:

💊 Every 25 minutes, a person’s life ends due to a prescription drug overdose.

💊 Prescription drug abuse is more prevalent than cocaine, heroin, hallucinogens, and inhalants, combined.

💊 In the United States, it is estimated that 1 in 20 people have used prescription drugs for non-medical and recreational purposes.

💊 In most cases, prescription drug overdoses are accidental. People fall asleep under the influence, only to never wake up. Overdoses are even more common among people who mix alcohol with prescription drugs.

💊 Anyone can become a prescription drug user, regardless of age, gender, race, religion, social class, geographic region, and profession. Teachers, students, parents, college athletes, doctors, and more are just as likely to abuse prescription drugs as a repeat offenders and criminals, homeless people, teenagers, elderly, and poverty-level individuals.

💊 People assume that prescription drugs are a problem. But the real problem is the misuse or abuse of prescription drugs. This is why prescription medication education is so important. It can teach patients how to safely take and discontinue prescription medicine.

💊 An effective way to prevent theft or tampering of prescription drugs is to lock them in a cabinet or safe. It is also important to discard prescription medications properly as to not endanger others.

💊 The most commonly abused prescription drugs are antidepressants, painkillers, and stimulants. Examples of such drugs include codeine, opiates, benzodiazepines, SSRI’s, phenethylamines, and more.

💊 Prescription drug abuse and misuse is an issue that affects more than just users. It affects our health and welfare, and implicates our society socially and economically.

💊 It is common for prescription drug use to lead to more serious habits like heroin and intravenous drug use. A large percentage of heroin users claim their drug addiction started with prescription pills.

💊 Many people have developed an addition after taking doctor-prescribes medication following an injury or medical issues. Often times, they become addicted to the pills without even knowing it.

💊 Unfortunately, some doctors will over-prescribe and/or neglect to pay attention to a patient’s medicinal usage, which can lead to patients abusing or misusing their medication, and subsequently, becoming an addict.

💊 If you are facing prescription drug charges, it is important to hire an experienced Indianapolis criminal defense lawyer to protect your rights, preserve your freedoms, and help you on a path towards drug-free living.

Call David E. Lewis, Attorney at Law

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

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

Call 317-636-7514 to schedule a free initial consultation with Attorney David E. Lewis, and discuss your case, as well as the best strategies for defense. We work around the clock to build a strong and impactful defense against your criminal allegations so that you can avoid the maximum penalties. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. Call today to get started.

What is a Notice to Appear?

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It is normal to feel frightened and confused after being delivered an NTA document by mail. You may not understand the criminal charges you face, or even recall being involved in any activity that could have rendered you a possible suspect or witness to a crime. This can cause you to experience heighten emotions, leaving you fearful for your future and your freedom. Fortunately, the right knowledge and a seasoned criminal defense attorney are all your need to protect yourself from undue process. Continue reading to learn more about Notice to Appear documents, requirements, procedures, and more. This will help you get on the right track toward putting your legal troubles behind you.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

What is a Notice to Appear?

A “Notice to Appear” is an official government document. They are primarily used by state-level court systems to lessen the need for arrests, and stream line the attendance process for individuals suspected of committing lesser crimes. Not everyone qualifies for NTA status, and instead, will be issued an actual arrest warrant. Those who receive NTA’s are people who have been identified as low-risk and likely to appear. For example, the basic conditions for NTA eligibility include:

☛ No Risk in Summoning Defendant to Appear
☛ Defendant is Considered Likely to Appear
☛ Defendant Has Not Failed to Respond to Previous Court Notice
☛ Defendant is Facing Misdemeanor Charges or Infractions

\Normally 1 to 3 pages in length, these official papers formally request a individual’s attendance in court for a suspected crime. They are generally reserved for misdemeanor crimes, such as traffic offenses, shoplifting, and possession of drug paraphernalia. Essentially, they demand that a person appear in front of a judge within 10 days of their notice to answer to the criminal charges against them. If a person fails to appear, they will face additional legal penalties, and quite possible, criminal charges.

NTA Information

NTA documents will generally contain vital information pertinent to an individual’s case, including the allegations against them, as well as, the time, date, and location of their scheduled court appearance. Missed court dates, or FTA’s (failure to appears), are serious violations as well, and will be penalized as separate offenses; so it is critical to understand all the information in a Notice to Appear document, and properly prepare yourself for the appearance. Anyone who is issued a Notice to Appear must immediately retain legal counsel since they will soon be in court facing criminal charges.

Your Next Steps After Receiving an NTA

If you have received a Notice to Appear in Indiana, you could be facing a long list of penalties, including jail time, suspended driver’s license, hefty fines, loss of employment, sex offender registry, and much more. So now is the perfect time to call a licensed Indianapolis criminal defense attorney who will protect your rights and preserve your freedoms. It is important to prepare your defense as soon as possible since prosecution has already starting building their case against you.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

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

What is the Penalty for Having a Marijuana Joint?

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If you think a little marijuana joint won’t land you in big trouble, think again. Indiana has strict penalties for drug possession crimes, whether you are caught with a small or large amount.

Marijuana Criminal Defense Lawyer 317-636-7514

Marijuana Criminal Defense Lawyer 317-636-7514


Although several other states have begun to change their recreational and medicinal usage laws, marijuana possession is still a crime in Indiana. In fact, it is still a Schedule I drug, the most severe of all drug classifications. Marijuana convictions can leave a permanent mark on a person’s life, affecting job opportunities, living arrangements, college admissions, custody agreements, and more.

In Indiana, getting caught with a joint of marijuana that weighs 5 grams or less will result in a Misdemeanor conviction, which comes with various types of legal and financial penalties depending on a defendant’s circumstances. For those without a prior drug conviction, a judge is likely to convict a first-time defendant with a Class B Misdemeanor. This is punishable by 0 to 6 Months in an Indiana County Jail Facility, as well as, fines adding up to $1,000, not including court costs, probation fees, and lost wages.

Caught With Priors

A person who is caught with a marijuana joint that weighs 5 grams or less and who has prior drug convictions will face harsher penalties in Indiana. A judge would be likely to convict them of a Class A Misdemeanor, which is punishable by up to 1 year in jail, $5000 in fines that do not include lawyer expenses, court costs, probation costs, and filing fees, as well as, one year of supervised probation that includes several court-ordered sentences like community service, random drug screening, victim impact panels, drug rehabilitation, and more.

Higher Amounts of Possession

Getting caught with one little joint of marijuana will land you in big trouble with the law; so it is no surprise that getting arrested with higher amounts of marijuana will get you in even more serious trouble. For possession over 30 grams, defendants can be charged and convicted of a felony, which stays on your permanent record forever, and will certainly affect employment opportunities. The common penalties for felony marijuana drug possession include 6 Months to 2 ½ Years in an Indiana Department of Corrections Prison Facility, up to $10,000 (not including lawyer expenses, court costs, probation costs, filing fees, probation fees, and lost wages), and several court-ordered sentences like the ones mentioned before (community service, routine drug testing, educational courses, rehab, etc.).

What is a Misdemeanor Crime?

Misdemeanor crimes are lesser offenses compared to felonies, but are still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Class A misdemeanors are the most serious, and Class C misdemeanors are the least serious. For example, a “first offense drug possession under 5 grams” is charged as a Class B misdemeanor, while a second or third drug possession is penalized as a Class A misdemeanor, which is more serious and comes with harsher punishments.

Indianapolis Criminal Defense Lawyer

Marijuana Criminal Defense Lawyer 317-636-7514

Marijuana Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing marijuana drug charges in Indiana. Our law firm works day and night to develop a strong and impactful defense for your case. We do everything in our power to protect your rights, preserve your freedoms, and obtain the fairest outcome possible for your case. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer who will fight for you.

What is the Criminal Bail Bond Process in Indiana?

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There are procedures and routines that take place when you are bailing someone, or yourself, out of jail. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Criminal Defense Law Firm 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Following the Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

After Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them. It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birthdates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract. They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

Are You Facing Criminal Charges?

David E. Lewis Attorney at Law

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

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

Call Attorney David E. Lewis for Aggressive DUI Criminal Defense You Can Afford

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A DUI conviction doesn’t have to ruin your life. Choose a seasoned criminal lawyer to fight for your rights and preserve your freedoms by building you an aggressive and impactful defense against your alleged drunk driving charges. Choose Attorney David E. Lewis, today.

Indianapolis DUI Lawyer 317-636-7514

Indianapolis DUI Lawyer 317-636-7514

DUI Charges Call For Serious Representation

There’s not just one DUI crime in Indiana. There are actually several types of DUI charges a person can face; none of which are penalized the same way. Furthermore, “driving under the influence” doesn’t just pertain to alcohol; it also describes controlled substances or a combination of substances that cause a person to be intoxicated. No matter which DUI charge you are arrested for, if convicted, they can all have serious effects on your life if you do not choose qualified and aggressive private legal counsel. T

rust experienced DWI lawyer, David. E. Lewis, to craft an impactful and strong defense on your behalf, and relieve you of all the stress and worry that comes with a DUI charge. He can secure your constitutional rights and fight for a sentence that preserves employment, limits unjust license suspensions, and caters to the unique needs of your home and family circumstances.

Avoid Max Penalties for DUI Convictions

If convicted of a DUI in Indiana, you could be facing a wide range of penalties based on the specifics of your case. Standard consequences often include jail time, license suspension, probation, fines, and a permanent mark on your criminal record. But there are additional penalties defendants can as well depending on their individual circumstances and criminal history. These include substance abuse education courses, mandatory attendance at victim impact panels, routine urine tests, ankle monitors, ignition interlock devices, and more.

Indiana is an Implied Consent State

In Indiana, every driver that is legally licensed automatically agrees to a legal obligation called “implied consent.” This means licensed drivers agree to surrender to alcohol testing by a law enforcement officer if requested. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years following the arrest. This happens whether a person is guilty or not of intoxicated driving.

Indianapolis DUI Defense

David E. Lewis Attorney at Law

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

Here at The Law Office of David E. Lewis, we understand just how upsetting a DUI charge can be for a person and their family. That is why we are firmly committed to making our clients our top-priority, guiding them through this difficult time with care and compassion. We never back down when it comes to fighting our client’s DUI charges, because we are determined to get them the fairest results no matter how much time and effort it takes.

Furthermore, we don’t just concentrate on reducing or dismissing our clients’ charges, we also make available the necessary resources that will help rebuild their lives and their health after a drunk driving conviction. Call 317-636-7514 to schedule a free initial consultation to discuss your DUI criminal charges, today.

Are Business Owners Responsible for Preventing Criminal Acts?

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As a business owner, can you be criminally liable if you do not take the necessary actions to prevent criminal activity on your premises? This is a good question for any business owner, especially if they are currently facing charges for a similar offense. To better answer this question, take a look at a similar 2012 case, and the court proceedings that resulted. Then be sure to consult a trusted and experienced Indianapolis criminal defense lawyer for professional advice and guidance.

Indianapolis Expungement Lawyer 317-636-751

Indianapolis Expungement Lawyer 317-636-7514

Santelli v. RAHMATULLAH, 966 N.E.2d 661

Cite Numbers: 966 N.E.2d 661
Docket Number: 49A04-1011-CT-704
Filed: 3/29/2012

The case of Santelli v. Rahmatulla, 966 N.E.2d 611 was a tragic injustice to the victim’s family. In 2005, James Santelli was staying at a motel owned by Abu Rahmatullah while working on a construction project in town. Just before Santelli’s stay, Abu Rahmatullah hired a general maintenance worker named Joseph Pryor. Joseph Pryor was a convicted felon and had a warrant out for this arrest for a probation violation, but was given the job by Rahmatullah anyway.

Shortly after he quit, but held on to a master hotel key that gave him access to every room on the premises. On the night of October 16 or 17, 2005, Pryor entered Santelli’s room and proceeded to rob him, resulting in Santelli’s murder. Pryor was eventually convicted of an 85 year sentence, and is still serving that time to this day.

Rahmatullah was not charged criminally for the case even though he made some negligence business decisions. Indiana law recognizes a duty of a hotel owner to safeguard their patrons, so Rahmatullah was still held liable outside of criminal law. Not only was the motel located in a high crime area, Rahmatullah failed to keep exterior doors consistently closed, failed to keep the locks in working order, and never monitored the pool and lobby security cameras.

Furthermore, he failed to perform background checks on his staff and hired individuals with violent criminal histories. As a result, jury returned a verdict finding the total damages in the amount of $2,070,000.00, and apportioned 2% of the fault for Santelli’s death to Rahmatullah. So for his negligence and the contribution he inadvertently had in Santelli’s death, he was order to pay $41,400.00, which is 2% of the total damages found by the jury.

It was a hefty remuneration, so naturally, he appealed in 2010. The appellate court ordered the jury to be instructed on the very duty doctrine, a common law doctrine that holds a premises owner owes a level of reasonable care to protect patrons against a foreseeable crime. The Supreme Court of Indiana vacated the decision and granted transfer. The court heard oral arguments from both sides and was presented with conflicting views on the supremacy the “Comparative Fault Act”, or the “very duty doctrine. The Comparative Fault Act dictates that where a plaintiff is found more than 50% at fault, the plaintiff cannot recover.

The case sparked the interests of both the Defense Trial Counsel of Indiana (DTCI) and the Indiana Trial Lawyers Association (ITLA), which wrote opposing amicus briefs to help guide the court on the issue. The Supreme Court’s decision could have had wide-ranging consequences on business owners. If the appellate decision had remained, then Indiana business owners will potentially face enhanced premises liability for the criminal acts of others.

Is Your Criminal Record Holding You Back?

To limit such liability, business owners now have to conduct criminal background checks on all employees, which means that convicted criminals face dismal opportunities for employment and housing. If you are having trouble getting hired because of your criminal record, 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.

Indianapolis Expungement Lawyer

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. Our 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.

What to Expect From the Indiana Criminal Bail Bond Process

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When you need to bail a person out of jail, there are several different processes and procedures that must take place, and these steps will vary depending on the type of criminal charges and more. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Post Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them.

It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birth dates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract.

They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

An Indianapolis Criminal Defense Attorney You Can Trust

David E. Lewis Attorney at Law

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

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

Do I Withdraw My Plea or File an Appeal?

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After receiving a guilty conviction, the process of protesting it varies depending on various factors. For instance, if you do not go to trial, but plead guilty or no contest, you cannot appeal your guilty conviction. Instead, you would have to motion for a plea withdraw. In contrast, if you do go to trial and a jury finds you guilty, you can appeal the conviction. Continue reading to learn more about withdrawing a plea and filing an appeal, and the differences between them both.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Filing an Appeal

To file an appeal, you must have been found guilty by a judge or jury at trial. Filing an appeal is basically asking for a new trial. Defendants would need to hire a specialized criminal defense attorney known as an appellate lawyer. An appellate law firm practice focuses primarily on appealing convictions.

Withdrawing a Plea

To protest and turn over a guilty conviction that resulted out of a plea agreement, you would not file an appeal. Instead, you would have your criminal defense lawyer file a motion to withdraw your plea. This is an entirely separate process than the appellate court system.

Writ of Habeas Corpus

A writ of habeas corpus is a limited indirect appeal that allows you to protest your conviction without technically withdrawing your plea. Filing a writ of habeas corpus is only permitted in some states, and can only be pursed under very specific circumstances. Usually, this results when important information is withheld that, had you known at the time, would have influenced your original plea. This process is actually very similar to the appeals process.

Keep in mind that filing any appeal or motion does not guarantee that your conviction will be overturned, or that you will be cleared or acquitted of your charges. It is important to have a skilled and experienced Indianapolis criminal defense lawyer on your side, working your case and fighting for your rights.

Indianapolis Criminal Defense Lawyer

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to 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. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.