Can I Go to Jail for Criminal Contempt?

Posted on September 5, 2017 by admin

Criminal contempt is a real offense that is punishable under law. If you are found in contempt of a public authority, such as a court or legislative party, you will need a lawyer to help you avoid the maximum penalties.

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Criminal contempt is the act of intentionally disobeying or disregarding the rules, laws, and decorum of a public authority, namely courts and legislative parties. Such an offense differs from standard criminal infractions because it violates the misconduct of a court or legislative body’s regulations, rather than a penal or state law. However, the penalties can be quite similar. Furthermore, what constitutes criminal contempt varies from state to state.

Criminal Contempt Citations

There are numerous actions and non-actions that can lead to a citation of contempt. For instance, if a court has a “no food” rule, and someone continues to eat in the courtroom, a judge can find them in contempt of court if they do not comply upon an initial warning. Other common acts of contempt include violating a court order or bond condition, disrespecting the authority of court or court officials, and similar behaviors.

Common Penalties

As mentioned, what constitutes criminal contempt is not the same across the board, nor are the penalties. The possible penalties for a contempt citation depends on the local jurisdiction and the discretion of the presiding judge. In most cases, punishments generally include one or a combination of the following;

Jail Time – Offenders face possible jail time in a local county detention center, not a state or federal prison. The length of jail time can range anywhere from one day to 6 months, and in some cases, longer.

Fines – Fines vary depending on the type of offense and the local jurisdiction. Offenders have faced fines ranging from $50 to several thousand dollars.

Permanent Record – Offenders are at risk of having their contempt of court charges on their permanent record. This means it will show up on public background checks, allowing potential employers, landlords, banks, professional licensing associations, and the rest of the general public, access to the information.

Possible Defenses for Contempt of Court

Most states do not allow appeals for contempt of court charges since they are slighter offenses that are temporarily enforced and have lesser jail times. If a person is found in contempt of court, they have two options for obtaining relief from a judge’s order. They can either file a motion to reconsider or a Writ of Habeas Corpus. The latter is an allegation that the court ruling or judge’s order was excessive punishment or without good cause, and therefore, unlawful. In most cases, a defendant is responsible for obtaining private legal representation for criminal defense; however, some states will appoint a public counselor if the defendant is facing jail time.

An Indianapolis Criminal Defense Attorney You Can Trust

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 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 contempt of court charge 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. Call David E. Lewis, Attorney at Law at 317-636-7514 to schedule a consultation, today.

Social Media Tips to Avoid Incriminating Yourself

Posted on August 29, 2017 by admin

Your social media accounts are more than just a portal to connect to the rest of the world, they are admissible evidence in a court of law. Protect yourself with these tips.

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The word, “social” in “social media” is too often overlooked. Users forget just how “social” their accounts can be. Just like your criminal history, your social media accounts are permanent play-by-play records of your life. Whatever you post to a social media platform is public to the entire internet world forever, even if you delete something after it’s been posted. Organizations like law enforcement can access these records anytime, including Twitter, Facebook, Snap Chat, Instagram, and more.

For this reason, it is important to instill safe and appropriate social media use onto our youths, and to teach them how to protect themselves from abusers, predators, hackers, and even from themselves. You see, many people unintentionally incriminate themselves by using their social media accounts irresponsibly. Whether facing a minor traffic penalty, or 10 years in prison for drug trafficking, a court can and will use social media accounts to prove their case against you.

Helpful Tips to Protect Yourself

It is important to understand that whatever you post is permanent, and that your page settings have no influence over the capacity for law enforcement and the government to access them at any given time. You must also understand that these groups and organizations retain innovative technologies that allow them to identify IP addresses, dates, times, locations, coordinates, and more, making it easy to prove their cases in court. Your internet use is never private to the government, no matter what your privacy settings say or do. Accepting these truths is the first tip.

It is also important to know that courts can use the data they collect from your social media accounts as evidence to build a case against you. For instance, if you are a suspect in a petty theft operation, and you tell police that you were at home with your family at the time the crime occurred as your alibi, but later, police find a Facebook post that was posted around the time you claimed to be at home. So then they use their technology to identify the coordinates of where the post was made, and they discover that the post was made from the parking lot of the store that was shoplifted from. This post puts you at the scene of the crime, therefore contradicting and nullifying your alibi. They can use this as evidence against you in a court of law.

If you are facing criminal charges, and you fear that your social media account may influence the court’s decision over your case, it is important to tell your criminal defense lawyer at your first meeting. They need all the information they can get to build a strong and impactful defense on your behalf. It is also imperative that you stop using all social media accounts during your legal process. In conclusion, you must understand that nothing you post is private. All of your internet use can be traced by high-security technology used by government organizations and law enforcement, including your location and more. And it can all be used as evidence to convict you of a crime.

Get Aggressive Criminal Defense

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. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

How to Answer Employers’ Questions About Your Criminal Record

Posted on August 22, 2017 by admin

When you have a criminal record, whether misdemeanors or felonies, it can be intimidating interviewing for jobs. Many people assume they cannot get a job because of their criminal history, and although it can certainly be a challenge, it is never impossible. It is important to learn how to properly disclose and discuss your past criminal records so that you are not misjudged by a potential employer. Continue reading for tips on how to do just that.

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Employers’ views on criminal records vary, so your outcome will differ from others depending on where you apply and the industry you are pursuing. Although it can never be promised that your interview will end with a job hire, there is a method to answering questions about your criminal history during a job interview that can help you land the position you’re after. So when the question arises at your next job interview, you can be prepared to answer it in a way that is most complimentary to your character and capabilities.

Disclosing Your Criminal Record in a Job Interview:

FIRST – Describe what happened, but be brief. You do not need to give away too much information or go into details. Do not make excuses for your own choices, and instead, describe the situation in a way that shows you have insight. Employers simply want to see if you accept responsibility for your crime.

SECOND – Briefly discuss your rehabilitation process. You can tell them how long you were incarcerated, as well as, any court orders you completed, such as alcohol and drug classes, rehabilitation, anger management, therapy, victim impact panels, community service, and more. Employers want to see how you went about bettering yourself after you were convicted of a crime. They want to see that you jumped at the opportunity to make the best out of a bad situation.

THIRD – Tell them what you are doing now. Discuss all the positive accomplishments, hobbies, organizations, and initiatives you are currently involved with. Show them that you have moved on from your criminal history, and that there is no chance of receding back to old behaviors. Employers want to see if you have learned from your past mistakes and if you are living a socially acceptable lifestyle now.

Criminal Record Expungement

These are some of the best methods for disclosing criminal records during a job interview. If you still have trouble getting hired, you should consider criminal record expungement or record sealing. There are new laws in Indiana that allow those who qualify to conceal their criminal background from the public, including employers.

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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.

Who is Considered a Juvenile?

Posted on August 14, 2017 by admin

Under Indiana law, a juvenile is a person who is between 10 and 17 years old. Once a person turns 18, they are considered adults in the eyes of the law. Continue reading to learn more.

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The definition of a juvenile is not universal. The specifics regarding the start and end of the juvenile age spectrum vary from state to state, and even under federal law. In terms of committing crimes, juveniles are tried differently depending on a number of factors, including the severity of the crime and age of the juvenile. In most cases, juveniles who commit crimes are tried in the juvenile court system. However, if a juvenile is close to their 18th birthday, and their crime was egregious or severe, they can be tried in the adult criminal court system.

Juvenile Court

The juvenile court system has a separate set of rules and procedures. One of the most apparent differences between juvenile and adult criminal court is the level of rights given to defendants. Juveniles are entitled to less rights than defendants in adult criminal court since they are usually still under their guardians custody. For instance, many states do not allow trial by jury for juvenile offenders; however, all states give juveniles the right to an attorney and the right to an appeal.

Minor Versus Juvenile

Many people are confused by the term minor. A minor is both the same and different from a juvenile. A minor is any person that is prohibited to perform a certain activity, such as driving a car, voting, and drinking alcohol. If a person is under the age of 21, they are considered a minor when it comes to alcohol consumption. If a person is under the age of 18, they are considered a minor when it comes to voting. In contrast, juveniles are specifically persons between a certain ages.

Children Under 10 Years Old

If a child under the age of 10 years old commits a crime, they are not tried in the juvenile court system. Instead, they are entered into a state-run or government-administrated social services program. Here, they are evaluated and rehabilitated by professionals in the social service and child care industries. It is important to talk to an experienced Indianapolis criminal defense attorney if your juvenile or child has been charged with a crime. They have the knowledge and resources to defend your child’s case and avoid the maximum penalties for their charges.

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if your child is facing criminal charges in Indianapolis, Indiana. We work around the clock to ensure your child’s rights are protected and their freedoms are preserved. Our law firm offers free initial consultations, so be sure to schedule yours today.

Learn What Makes a Crime Violent or Non-Violent

Posted on August 7, 2017 by admin

There are two main categories a crime can fall into: Violent or Non-Violent. Learn the difference between the two in order to better understand your criminal charges.

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Crimes can be either violent or non-violent in the eyes of the law. Defendants, however, can commit one crime and be guilty of both. For instance, a person can trespass onto private property, which is a non-violent crime, and then proceed to assault someone, which is a violent crime. Continue reading to learn more about the difference between the two categories of crimes.

Non-Violent Crimes

A non-violent crime is a crime that does not involve any sort of physical violence. In detail, it is loosely defined as any crime that does not involve force or harm to another person. The extent of non-violent crimes are determined by the severity of loss incurred to the victim, as well as, economic damages, such as damaged property. Two of the most common non-violent crimes committed involve fraud, theft, or larceny. Here are some more examples of the most common types of non-violent crimes:

▣ Forgery
▣ Bribery
▣ Fraud
▣ Theft/Burglary
▣ Larceny
▣ Prostitution
▣ Embezzlement
▣ Arson of Personal Property
▣ Drug Possession
▣ Intoxication
▣ Illegal Gambling/Racketeering

Violent Crimes

Violent crimes are really not too difficult to point out. They are crimes that involve using force to cause physical harm to another person. Violent crimes are more serious, so naturally, they come with more severe penalties, including longer jail time, probation, fines, court-ordered penalties, and much more. The most common types of violent crimes include:

▣ Robbery
▣ Assault
▣ Battery
▣ Domestic Violence
▣ Homicide
▣ Sexual Abuse
▣ Rape
▣ Intimidation with a Deadly Weapon
▣ False Imprisonment

**Sometimes crimes such as harassment and stalking can be considered violent in a court of law if the result of the crime caused serious injury, whether physical or mental, to the victim.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Regardless of which type of crime you have been charged with, there are possible defenses for both. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to learn the best strategies for Indianapolis criminal defense. Our law firm will work around the clock to ensure your rights are protected and your freedoms are preserved. Take your best opportunity at avoiding the maximum penalties for your criminal charges, and call today. We offer free initial consultations.

Can I Be Arrested for Intimidating Someone?

Posted on August 1, 2017 by admin

Facing Misdemeanor Charges for Intimidation? 317-636-7514

In terms of confrontation, most people are under the impression that if they do not physically touch a person, they cannot get in trouble with the law. However, this perception is inaccurate, and quite the opposite. There is a criminal charged called “intimidation”, and it includes any type of threat that involves injury, whether physical, mental, property, or other form of injury. It can also include stalking and harassment.

It is important to know the limits of the law. This is also helpful for those who are facing prosecution. Continue reading to learn more about intimidation, and what to do if you are facing intimidation charges in Indiana.

Intimidation is a Crime in Indiana

No matter which way you look at it, intimidation is a crime in Indiana. Intimidation occurs when a person makes verbal or written threats to harm a person physically, or cause harm to their property, reputation, career, and more. Although intimidation is a crime in our state, it is a difficult one to prove since most threats are verbal, and lack physical evidence. However, the law is strictly enforced, and those charged with the crime will most often be prosecuted if there is the smallest piece of evidence present. That is why anyone facing intimidation charges needs an experienced and aggressive Indianapolis criminal defense lawyer on their case. They can use their knowledge and resources to fight the maximum penalties for an intimidation conviction.

Common Penalties for Intimidation Offenses:

Depending on the nature and severity of the intimidation, the level of punishment can vary. Most minor to moderate intimidation offenses are Class A Misdemeanors, but if the threat was very serious, it could be increased to a Felony charge. This is especially common if threats are under the intimidation of a felony retaliation or involve the use of a deadly weapon.

Class A Misdemeanors
➥ Punishable By Up to 1 Year in Jail
➥ Fines Up to $5,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

Class B and C Misdemeanors
➥ Punishable By Up to 6 Months in Jail
➥ Fines Up to $1,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

Level 6 Felonies
➥ Punishable By Up to 3 Years in Jail
➥ Fines Up to $10,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

Level 5 Felony
➥ Punishable By Up to 8 Years in Jail
➥ Fines Up to $10,000
➥ Court Costs and Probation Fees
➥ Court Ordered Penalties: Community Service, Suspended Drivers’ License, etc.

If You Are Facing Intimidation Charges…

Criminal Defense Lawyer 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. Avoid the maximum penalties for your misdemeanor criminal charges by calling David E. Lewis, Attorney at Law, today!

Can I Represent Myself in a Criminal Case?

Posted on July 25, 2017 by admin

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When you are facing criminal charges, you have the vital responsibility to do what you need to do in order to avoid the maximum penalties for your offenses. Not only is it important for you to cooperate with the legal system, appear for all your court hearings on time, pay all fees by their deadlines, and file the necessary paperwork as requested, you also have the responsibility of learning about the charges you face and the seriousness of the associated consequences.

For this reason, it is vital to your future and your freedom to hire an experienced criminal defense attorney to defend you in court. It is never recommended to represent yourself under any circumstances, unless you are appealing a minor traffic infraction. Continue reading to learn some information about representing yourself in your criminal case, and why an attorney is the best method for avoiding the maximum penalties for your criminal charges.

First Offense?

Many people wrongly assume that first time offenders are always let off easy, so they can simply represent themselves in court and save a few hundred dollars. But this is a risky gamble to take, especially since it is not true. First time offenders are not always let off the hook that easy. There are infinite factors that play a role in the type of penalties a person is sentenced to in court; it all depends on the offense, the county, the personal discretion of the presiding judge, and much more. Anyone can be penalized to the fullest extent, and under any circumstances, unless they have aggressive and experienced criminal defense.

The Complexities of Law

To represent yourself in court, you would need a full understanding of the law. There is just too much to know and too much to learn for someone with no experience in the field. The law is very complex and convoluted. It takes an experienced attorney to protect a defendant in court because they have years of experience and knowledge of the law. Aside from understanding the law, you would also need to be an expert in legal defense and know which strategies to use, how to use them, and when to use them. It is an art form and talent that takes years of commitment on a learning curve. An experienced criminal lawyer retains all of these skills and more.

The Less Obvious Penalties

Aside from the standard penalties you face under law for your criminal charges, there are also subsequent consequences that many offenders do not prepare themselves for. For instance, some offenses can result in losing professional licenses, driving privileges, fines, restitution, and more. A qualified criminal defense attorney can help their clients navigate these residual obstacles after being charged with a crime.

Indianapolis Criminal Defense

Criminal Defense Lawyer 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.

Will an International Student Be Deported for Committing a Crime?

Posted on July 19, 2017 by admin

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International students are prone to more severe penalties when they commit a crime. Not only are they subjected to the usual criminal penalties, they also face possible deportation. This means they can be sent back to their country of origin and not be allowed to return. Sometimes, the United States will not admit foreign students into the country if they have certain types of crimes on their criminal record, even if it is a misdemeanor crime in the state they wish to visit.

Which Crimes are Deportable?

International students who commit a crime “of moral turpitude” that is punishable by up to one year or more in jail may be deportable. Although the term, “moral turpitude” is vague and not technical, it refers to crimes that involve fraud or present danger to others. It can also include fleeing from a police officer, minor consumption of alcohol, and public intoxication. For this reason, charged international students must hire an experienced criminal defense lawyer who can fight for their rights to remain in our country. They may also need to consult with an immigrations lawyers.

Crimes that involve substance control possession can result in deportation. However, it depends on the type of drug and the amount in possession. It is unlikely for a student to be deported for possession of marijuana under 30 grams. On the other hand, priors and enhancements can make this type of offense a deportable one. It varies from person to person. In the case that a student is charged and convicted of an inadmissible offense (such as the example of marijuana possession above), they may not be deported, but once they do leave the country, they will not be allowed to come back ever again.

Other crimes that are deportable include those of forgery, fraud, theft, and of course, violence. There are also certain traffic offenses that may make an international student deportable. It is important for college students from another country to retain professional legal counsel if they face criminal charges in order to avoid possible deportation and inadmissibility. An international student should never appear in court without a criminal defense lawyer on their side.

Aggressive Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against criminal charges and citations in Indianapolis, Indiana. We offer free initial consultations to discuss the best strategies of defense for your legal situation. Call 317-636-7514 today to get started.

Can Backyard Barbecuing Be Illegal?

Posted on July 10, 2017 by admin

Before you get set to grill out this summer, be sure your barbecue practices adhere to the law.

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You wouldn’t think that an innocent backyard barbecue could possible break the law, but it can. Looking back to an online video that went viral two summers ago, after several neighborhood complaints, a Florida resident was confronted by a county environmental inspector who insisted that they contain their barbecue smoke and odor to their own property. Although the man was never cited, but he could have been if he had chosen to not comply. So what’s the problem? Continue reading to learn how a backyard barbecue can turn illegal, and how to grill out with your legal rights.

Air Pollution and Fire Safety Ordinances

The two most common reasons why barbecue practices can be illegal are air pollution and fire safety ordinances and regulations. Certain grilling practices may breach the local ordinances surrounding these two issues, in which case, a person could be cited and fined. These rules and regulations vary among jurisdictions, so it is important to learn what you can do to stay within the boundaries of the law.

What To Do:

Check Your City Code – Cities have certain fire safety codes that all citizens must adhere to or they can be subjected to legal penalties. These codes vary, but there are common ones that remain the same in most cities. For example, a common city ordinance mandates that all grills remain at least 10 feet away from anything combustible, including walls. Another prohibits the use of charcoal and wood-fired grills on balconies and fire escapes. Also, local city air pollution codes can affect a person’s ability to grill out.

Check Your HOA – For those who live in residential communities with a Homeowners’ Association (HOA), you will need to check their rules and regulations about grilling out, too. This includes condos, gated communities, and suburban neighborhoods. For instance, these places generally have wooden decks, and grilling on a wood deck is a fire hazard. This affects the community’s ability to be insured, so many prohibit the practice altogether.

Check Your Lease’s Fine Print – If you rent, or live in an apartment, you may need to refer to your lease to check on your grilling rights. In the lease, there may be certain restrictions laid out for tenants and their guests. For instance, most apartment complexes prohibit propane grilling since most city gas codes state that you can’t store standard propane cylinders on a balcony, roof deck, backyard, or in a communal courtyard. In other cases, apartment complexes allow natural gas grills so long as they are designed for residential use and the gas lines are installed by a certified plumber.

Consequences

The most common consequences are citations and fines. These can range from a few hundred dollars to several thousand, depending on the violation. Talk to a licensed Indianapolis criminal defense attorney about your city citation or legal matters, and learn how you can reduce or dismiss the charges or penalties against you.

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Criminal Defense Lawyer 317-636-7514

Can I Get Arrested for Lighting Fireworks After the Fourth of July?

Posted on July 5, 2017 by admin

Public Nuisance Charges? 317-636-7514

In Indiana, there are some important ordinances you should know about when and where you can use fireworks. Failing to adhere to these firework laws can result in a criminal nuisance charge, which can lead to a misdemeanor conviction, fines, court-ordered penalties, and even possible jail time. Public nuisance crimes can include a wide range of minor offenses, all of which are categorized as any behavior or action that interferes with public health, safety, morals, peace, or convenience.

Where Can I Light Fireworks?

In Indiana, the rules on where you can light off fireworks are pretty cut and dry. However, they can sometimes change as result of unexpected seasonal weather, such as dry grass and drought. Some counties must ban firework usage if the conditions are too dangerous for burning, smoldering firework debris. Here are the basic rules for firework usage in Indiana:

➀ You can light fireworks on your own private property.

➁ You can light fireworks on someone else’s property with their verbal consent.
**Lighting fireworks on someone else’s property without permission can lead to a $500 fine.

➂ You can light fireworks at a public site that has been designated by local authorities for fireworks discharge.

When Can I Light Fireworks?

The regulations for which times you can set off fireworks varies from town to town. For instance, in Fishers, residents were permitted to begin lighting fireworks on Friday, June 30th. The common times for firework usage are as follows in Indiana:

✲ Friday June 30th through Monday July 3rd

During these times, people are allowed to use fireworks between 9 a.m. and 2 hours after sunset. This time of year, that usually is around 11 p.m. or so.

✲ Tuesday July 4th

People are permitted by state laws to use fireworks from 9 a.m. to midnight.

✲ Wednesday July 5th and Beyond

People are permitted to use fireworks between 9 a.m. and 2 hours after sunset. Anyone who fails to adhere to this regulation is subject to public nuisance charges. Neighbors can contact local authorities and file a complaint, which will result in law enforcement showing up on site to deliver a citation or make an arrest. Arrests are usually only made if the offender has priors, is under the influence of drugs or alcohol, or has an active warrant for arrest. If the offender demonstrates polite and cooperative behavior, the police may just give a verbal warning.

Contact an Aggressive Criminal Defense Lawyer to Fight a Public Nuisance Charge

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