What Happens to Foreign Nationals that Commit Crimes in the United States?

Posted on February 10, 2016 by admin

Criminal Defense Law Firm 317-636-7514

The United States Immigration and Customs Enforcement Office, or ICE, enforce various federal laws concerning border control, immigration, trade, and customs for the United States of America, in order to uphold homeland security and public safety. They do everything in their power to prevent threats and acts of terrorism, human trafficking, illegal trading, illegal importing and exporting, transnational crimes, and much more, all while focusing on smart immigration enforcement. ICE is an integral part of our country’s national security, and as U.S. citizens, we should be very grateful for their efforts. Continue reading to learn more about immigration court, and how non-citizens are informed of an indictment in the United States.

Illegal Immigrant Crimes

If the United States Immigration and Customs Enforcement Office (ICE) suspects a non-citizen has committed an offense that makes them eligible for deportation, they notify the immigration court who will then issue a “Notice to Appear” (NTA). This is an official government document that formally requests a person’s presence in court (in this case, immigration court) in order to begin the removal proceedings against them.

This document is generally sent through postal mail to a person’s last known address or attorney, or hand-delivered by an immigrations officer. It contains the criminal allegations and charges against them, as well as, the time, date and location of their mandatory appearance before a judge. Their hearing is generally within 10 days of receiving the notice.

When a person arrives for court and appears before the immigration judge, the judge might detain the individual and then schedule a bond hearing to determine whether or not to release them later. Then the judge schedules a Master Calendar Hearing, generally the initial hearing in most immigration cases, to review the charges and evidence against them. At this hearing, the immigration judge will go on to then schedule an Individual Merits Hearing. During the Individual Merits Hearing, the government must prove the charges alleged in the NTA against the non-citizen defendant. The non-citizen defendant can refute these allegations with witnesses and testimony if they so choose. At the conclusion of this hearing, the immigration judge will decide if the foreign national should be removed from the country or not.

Indiana Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your recent criminal charges in Indianapolis, Indiana. He is a seasoned criminal defense lawyer that will fight to protect your rights and preserve your freedoms after being charged with a crime in Indiana. Our law firm offers free initial consultations for those charged with a misdemeanor or felony crime. We work around the clock to build a strong and impactful defense against your criminal allegations. Call 317-636-7514 to speak with a licensed criminal defense attorney in Indianapolis you can trust.

Carjacking Charges and Criminal Defense in Indiana

Posted on February 1, 2016 by admin

Criminal Defense Law Firm 317-636-7514

Carjacking is the crime of stealing another person’s motorized property by means of violence, force, assault, or intimidation, with the intent to deprive them of their property indefinitely. Motorized property includes vehicles, boats, campers, motorcycles, and more. Without threat or force, carjacking is simply grand theft auto. In Indiana, carjacking is a classified as a violent crime and penalized severely. And since the act of carjacking generally involves additional crimes like theft and assault, a person is likely to face multiple charges, making the maximum penalties even more severe. Those convicted face long-term imprisonment, hefty fines, strict court-orders, loss of liberties, and a felony criminal record for life.

Indiana Carjacking Penalties

The carjacking statute was repealed in July of 2014, and is now included under Indiana’s general robbery statute. This means carjacking crimes face the same level of punishment as robbery crimes in Indiana.

Level 5 Felony

The general crime of carjacking is a Level 5 Felony, punishable by up to 6 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Level 3 Felony

If the crime of carjacking involves a deadly weapon or moderate bodily injury to another person, it is a Level 3 Felony, punishable by up to 16 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Level 2 Felony

If the crime of carjacking involves serious bodily injury to another person, it is a Level 2 Felony, punishable by up to 16 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Aggressive Defense for Violent Crime Charges

It is critical to retain aggressive legal representation immediately following a carjacking arrest if you wish to avoid jail time and other harsh consequences. Attorney David E. Lewis has a comprehensive understanding of the Indiana prosecution and criminal process, and how the government evaluates carjacking cases. With this knowledge, he uses the law in his favor to craft impenetrable defenses against violent crime charges, and pursue higher-quality outcomes for his clients. You can feel confident knowing that he is doing everything in his power to conquer your criminal charges and get you the best legal results possible. Call him today at 317-636-7514 to schedule a FREE CASE EVALUATION and secure your constitutional rights.

Indianapolis Violent Crimes Lawyer

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

Don’t waste another minute living in fear after being charged with a violent crime in Indiana. Let David E. Lewis, Attorney at Law, take on the weight of your legal matters and attain a successful resolution to your case. With The Law Office of David E. Lewis in your corner, you never have to fear for your future, family, or freedom. Because he maintains open communication and never use confusing legal jargon, you are always fully aware of your case proceedings and status. He ensures that you feel like you are safe and secure, and more importantly, a priority. After you speak to David E. Lewis, your fear will subside, and you will gain confidence knowing your case is in the hands of a competent and committed lawyer. Call our office at 317-636-7514 to find your path to salvation and justice.

David E. Lewis Attorney at Law Launches a Brand New Criminal Defense Website!

Posted on January 21, 2016 by admin

Check out our new website that is easy to navigate and full of useful information! Get information regarding all types of criminal charges, as well as, probation violations, warrants, FTA’s, expungement, and much more!

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

David E. Lewis is a seasoned criminal defense attorney with more than 25 years of experience practicing criminal law in Indiana. He graduated from Indiana University in 1987 with a degree in Political Science, and was then accepted into Indiana University Law School. While attending law school, David E. Lewis not only worked as a bailiff for Marion County Superior Court III, but also worked in the Marion County Public Defenders’ Office.

Eventually graduating from law school in 1990, Attorney David E. Lewis was ready to hit the ground running! His compassion for those facing criminal charges runs deep, as does his drive to protect their rights and preserve their freedoms. For this reason, he started out working as a Master Commissioner for the Marion County courts, strictly presiding over criminal cases.

Through these years, he was able to gain an extensive amount of knowledge and experience of all sides of the law, making him a strong and effective counselor. From there, he knew he wanted to do more for people in need of compassionate criminal defense. So he began his own criminal defense practice, and over the past two decades, has now helped thousands of Indiana defendants reduce or dismiss their criminal charges. He is an upstanding member of the Indiana Trial Lawyers Association, as well as, the Indianapolis Law Club. He works around the clock for his clients to ensure their rights and freedoms are protected, and that they receive the most favorable outcome possible in court for their particular criminal charges.

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

Call his office today at 317-636-7514 to schedule a free initial consultation to discuss your criminal case and learn which strategies are best for your defense. Or visit his new criminal defense website to learn more about his practice. Trust David E. Lewis, Attorney at Law, to keep your best interests in mind when building an impactful defense for your criminal charges.