Cocaine Charges and Criminal Defense in Indiana

Posted on April 10, 2017 by admin

Indianapolis Cocaine Lawyer 317-636-7514

If you were recently caught with cocaine, you are facing serious drug charges. That is because cocaine is a Schedule II controlled substance in Indiana. The consequences of cocaine possession and trafficking are harsh, and can render life-long ramifications without proper criminal defense. If you are facing cocaine charges in Indiana, it is vital to your future and your freedom to retain the services of an experienced Indianapolis criminal defense lawyer. In the meantime, continue reading to learn more about Indiana cocaine charges, penalties, and criminal defense.

Indiana Cocaine Charges

Whether powder form or crystal form (crack cocaine), cocaine charges come with the same standard penalties in Indiana. A cocaine conviction can come with jail time, probation, community service, mandatory rehabilitation, large fines, a permanent criminal record, and much more. It can also cause people to lose professional licenses, jobs, child custody, and firearm rights.

Common cocaine offenses include possession, dealing, trafficking, and manufacturing. The penalties for each crime depends on the amount of cocaine and the intent of its possession. Below is a list of Indiana’s standard punishments for cocaine charges. These penalties can be increased if certain enhancements are present. Common enhancements include:

➤ Drug Manufacturing
➤ Priors for Dealing
➤ Possession of Firearm
➤ In Drug-Free Zones
➤ Presence of Children
➤ On School Grounds or Within 500 Feet
➤ Dealing to a Minor
➤ Dealing to Someone 3 Years One’s Junior
➤ On or Within 500 Feet of a Park or School Bus

Cocaine Penalties in Indiana:

Cocaine Possession Under 1 Gram – Class A Misdemeanor
0 Months to 1 Year in an Indiana County Jail Facility.
Probation up to 1 Year.
Fine up to $5,000 (Not including court costs and probation fees.)

Cocaine Possession Under 5 Grams – Level 6 Felony
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison.
Probation up to 2 ½ Years.
Fine up to $10,000 (Not including court costs and probation fees.)

Cocaine Possession 5 to 10 Grams – Level 5 Felony
Minimum of 1 Year – Average 3 Years – Max 6 Years in Prison.
Probation up to 8 Years.
Fine up to $10,000 (Not including court costs and probation fees.)

Cocaine Possession 10 to 18 Grams – Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.
Fine up to $10,000 (Not including court costs and probation fees.)

Dealing Cocaine Under 1 Gram – Level 5 Felony
Minimum of 1 Year – Average 3 Years – Max 10 Years in Prison.
Probation up to 8 Years.
Fine up to $10,000 (Not including court costs and probation fees.)

Dealing Cocaine 1 to 5 Grams – Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.

Dealing Cocaine 5 to 10 Grams – Level 3 Felony
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison.

Dealing Cocaine Over 10 Grams – Level 2 Felony
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison.

Indianapolis Drug Defense Lawyer

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense for cocaine charges in Indianapolis, Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. With our help, you can avoid the maximum penalties for your Indiana cocaine charges. Call 317-636-7514 to schedule a free initial consultation with an experienced Indianapolis criminal defense lawyer you can trust.

Choose The Law Office of David E. Lewis for Aggressive Criminal Defense Representation

Posted on April 4, 2017 by admin

No Other Criminal Attorney Will Work Around the Clock to Build You a Strong and Impactful Defense Against Your Indiana Criminal Charges.

Seasoned Criminal Defense in Indianapolis

Criminal Defense Law Firm 317-636-7514

The Law Office of David E. Lewis is your solution to avoiding the maximum penalties for your Indiana criminal charges. He is a seasoned criminal defense lawyer who retains extensive trial and litigation experience. But there is much more that separates himself from his industry competitors. For instance, his expert knowledge of criminal law, his sincere passion for helping those in need, and his commitment to maintaining affordable rates for everyone are just a few qualities that make the Law Office of David E. Lewis a top-choice for criminal
defense in Indianapolis.

The Crime Doesn’t Matter

Regardless of which criminal charges you face, there is never any judgement when you walk through our law firm’s doors. We strongly believe everyone is innocent until proven guilty. And you will be treated like part of the family as our client. But more importantly, you can trust Attorney David E. Lewis and our legal team to work non-stop in order to protect your rights and preserve your freedoms. Your best interests are a top-priority, and work hard to ensure they are defended.

Schedule a Free Consultation

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

Here at the Law Office of David E. Lewis, we gladly offer free initial consultations to discuss your criminal charges, the case against you, and the best strategies for defense. That means there is no out-of-pocket obligation to sit down with an experienced Indianapolis criminal defense lawyer and talk about your case. Just call 317-636-7514 and speak with one of our friendly and knowledgeable legal secretaries who can walk you through the consultation process effortlessly.

Options for Police When Children Commit Crimes

Posted on March 21, 2017 by admin

Juvenile Criminal Lawyer 317-636-7514

When a person who is 18 years of age or older is caught committing a crime, police will arrest them, detain them, and then take them into custody. Adult offenders are generally brought to a county jail, booked, and then given an opportunity to post bail once it is set by a judge. As for children who commit crimes, they are not always arrested, but if they are, they do not have the right to bail as adults do. Instead, a separate set of guidelines are in order for juvenile crimes and arrests.

Continue reading to learn which options police officers have when they are confronted with children who disobey the law and how they choose which one to use.

Detention and Penalties for Children

When a child is caught disobeying the law, a police officer has a few choices. His decision will depend on several factors, including the child’s age, the severity of the crime, the family’s ability to take over, and more. Here are 3 options a police officer has when faced with juvenile crimes:

❶ On-Site Counseling and Release

A police officer may decide that a child simply deserves a stern lecture and kind counseling as a penalty for their crime. For children who are young or have committed a minor infraction, such as j-walking or trespassing, a cop can decide to counsel a child at the scene, give them a lecture about making good choices and the consequences of poor choices, and then release them back into the streets. They choose this route with children who seem capable of reasoning and agreeable to discussion, and who is not a danger to themselves or others.

❷ A Ride Home in a Squad Car

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An officer may decide to give the child a ride home in the back seat of their squad car as a penalty. They will choose this avenue for a few reasons. For instance, they may choose this option if they believe releasing the child is necessary, but releasing them back into the streets would not be safe or in the child’s best interest. Not only does this option provide safety, it also teaches children a lesson. A ride in a cop car is serious, but showing up at home with a police officer is even more distressing. The officer will up the penalty by discussing the circumstances with the parents, who can then decide on
a proper remedy for their child.

❸ A Trip to the Police Station

If a minor’s crime is more severe, and does not fit the terms for a “catch and release” form of punishment, like the two mentioned above, a police officer will transport the minor to the police station. There, the juvenile will be detained in an office-like setting, but sometimes police may place them in a cell by themselves if a minor is being uncooperative. What happens next primarily depends on the circumstances and guardianship of the child. Usually, the child is detained at the station until the parents come to pick them up. For children who do not have available or adequate family members, they are placed into the custody of child protective services. But for more serious crimes, minors are placed in lock-up and charged accordingly.

Indianapolis Criminal Defense for Minors

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

Call Attorney David E. Lewis at 317-636-7514 for aggressive juvenile criminal defense representation 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 to discuss your case and the best strategies for defense. Call 317-636-7514 to speak with an Indianapolis criminal defense lawyer who cares.

Can a Security Guard Arrest Me?

Posted on March 13, 2017 by admin

The basic job description of a security guard is to observe, monitor, guard, and patrol a premises in order to prevent crimes and violence. Although arrests are not mentioned in their general job description, security guards can make arrests, or rather, detainment’s, but not in the same way as police officers can, and only under certain circumstances. Continue reading to learn more about security guards and the limits of their arresting authority.

The Job of a Security Guard

Criminal Defense Attorney 317-636-7514

Here are the general duties required of a security guard:

• Patrol and guard commercial premises;
• Prevent unlawful intrusions or trespassing;
• Circulate among patrons to maintain order;
• Write reports of daily activities and indiscretions they observe;
• Answer to and investigate sounded alarms;
• Monitor and authorize the coming and going of employees and patrons;
• Contact police or fire department in the case of emergencies and when crimes occur;
• Answer phones and take messages after-hours, or when switchboards are turned off;
• Operate detecting devices on patrons and employees to prevent unauthorized passage of materials into restricted areas;

Citizens Arrests

As you can see, a security guard has a lot of authority in terms of guarding and protecting, but their authority to arrest a person is limited. They are a private citizen just like the rest of us, just in uniform. So they cannot actually arrest a person like police can, but they do have the right to make a citizen’s arrest, just as we all do. However, a citizen’s arrest can only take place under certain, specific circumstances.

In contrast to police, who can arrest anyone they choose to arrest as long as they have reasonable cause to believe that person committed a public offense, security guards can only restrain and detain a person by citizen’s arrest if: 1) the offender committed a felony, or 2) the offender attempted to commit, or did commit, a misdemeanor in their presence. In the case of a felony, the offense must have actually been committed for a security guard to make a citizen’s arrest. In the case of a misdemeanor or infraction, the crime must have been made or attempted in the presence of the security guard.

On top of these circumstances, a security guard must also verbalize specific information to the offender while making the citizen’s arrest. This includes clearly explaining to the person that they are being arrested, why they are being arrested, and their authority to make the arrest. These are colloquially referred to as the magic words that must be used for a lawful citizen’s arrest. And the last stipulation for a security guard who makes a citizen’s arrest is to contact the police immediately after apprehending an offender and turn them over.

Indianapolis Criminal Defense Law Firm

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to speak with an experienced Indianapolis criminal defense lawyer who cares about your rights and your freedom. Our criminal defense law firm offers free initial consultations to discuss your criminal charges and the best strategies for avoiding the maximum penalties for them. Call 317-636-7514 to get started, today.

What to Do if Immigration Police Show Up at Your Door

Posted on March 7, 2017 by admin

With the new threats of deportation looming in every neighborhood across the country, it is important for non-citizens to learn their rights. Especially in the case of immigration police showing up unexpectedly at their door. If you are a non-citizen or foreign national who has been living and working in the United States for a long period of time, you do have rights. And you should know these rights before placing yourself in a sticky legal situation. If immigration police, or ICE, shows up at your door, learn what you should to in order to protect yourself and your freedoms.

The United States Immigration and Customs Enforcement Office (ICE)

Indiana Criminal Defense 317-636-7514

The United States Immigration and Customs Enforcement Office, also known as ICE, are responsible for upholding homeland security and public safety by enforcing certain federal laws concerning border control, trade, customs, and immigration. If you are a non-citizen, and ICE shows up at your front door, here’s what to do to protect your rights:

DO NOT OPEN THE DOOR. You do have rights, and one of them may be your right to refuse entry to ICE officers. But it depends.

ASK IF THEY HAVE A WARRANT SIGNED BY A JUDGE. Be sure to do this with the door still closed. If the ICE officers insist they have a warrant signed by a judge, ASK TO SEE IT. They can slip it under the door, through a mail slot, or press it against the peep hole.

Here’s what you need to know about an ICE Administrative Warrant:
Forms 1-200 and 1-205 DO NOT allow ICE officers to enter your home without your permission. If you do not consent, they cannot come inside.

With Or Without A Warrant:

DO NOT RESIST. If the ICE officers have a valid warrant signed by a judge, you need to comply with their demands. Simply remain silent and cooperate. Contact a lawyer from jail as soon as you are given phone privileges.

If the ICE officers use force to enter, with or without a warrant, DO NOT RESIST. Remain calm and instruct everyone inside the home to remain absolutely silent. The more combative you are, the more trouble you will experience.

If You Are Arrested:

Remain calm and do not say one word. Do not sign anything or say anything until you have spoken to your lawyer. Call them as soon as you are given phone privileges at jail. Choose an experienced criminal defense attorney to help preserve your rights, your freedoms, and perhaps your citizenship.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations and work around the clock to ensure your rights are protected. Call 317-636-7514 to schedule a consultation with an Indianapolis criminal defense lawyer you can trust.

The Penalties for Getting Caught With Marijuana in Indiana

Posted on March 1, 2017 by admin

Indianapolis Drug Crime Lawyer 317-636-7514

Although there has been a rising trend of legalizing certain forms of marijuana possession, use, and cultivation throughout the country, Indiana is not a state that has joined in with the rest. Marijuana laws are still in full-effect, which means the possession, use, and cultivation of marijuana is still very-much illegal in all senses. If you are caught breaking any drug possession laws for marijuana, you are bound to face penalties. Continue reading to learn what you can expect if you are facing marijuana possession charges in Indiana.

Indiana Marijuana Laws

Under Indiana criminal law, marijuana also includes hash and hash oil. The legal ramifications you face depend on the amount of marijuana you are caught with, and your intended use. Penalties are harsher for those who intend to sell or distribute marijuana, rather than those who only intend to use it for personal use. Then there are several enhancements that can increase the penalties you face for possession of marijuana. Common enhancements factored into drug possession penalties include priors, manufacturing, within 500 feet of school grounds or school bus, in the presence of children, dealing to minors, and more. If any of these factors are true of your crime, penalties will likely be more severe.

Under 30 Grams of Marijuana =

‣ Class A Misdemeanor
‣ Up to 1 Year in Jail
‣ Up to $5,000 in Fines

Over 30 Grams of Marijuana =

‣ Level 6 Felony
‣ Up to 3 Years in Prison
‣ Up to $10,000 in Fines

Enhancements and Conditional Discharges

Indianapolis Drug Crime Lawyer 317-636-7514

If certain enhancements apply, including intent to sell and distribute, charges can be increased to Level 5 felonies, which are punishable by up to 8 years in prison and $10,000 in fines. If a person is caught for the first time with marijuana, they may be eligible for “conditional discharge”, which is basically a “free pass” on a marijuana charge. Upon conditional discharge, an offender is usually ordered to perform other forms of penalties, including supervised probation, random drug screening, community service, and fines.

Marijuana charges are not simple. They vary from case to case, and can be quite complex. For this reason, it is vital to hire an experienced Indianapolis criminal defense lawyer if you are facing marijuana charges in Indiana. They have the knowledge and resources necessary to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing drug charges in Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our criminal defense law firm offers free initial consultations to discuss the best strategies for defense. Call 317-636-7514 to schedule yours, today.

What is Going to Happen at My Pre-Trial?

Posted on February 21, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

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

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

Trial By Jury

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

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

Indiana Criminal Defense Trial Lawyer 317-636-7514

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

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

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

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

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

Indianapolis Criminal Defense

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

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

Why You Never Waive Your Right to an Attorney

Posted on February 14, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

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

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

Public Defense

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

You Can’t Represent Yourself

Indiana Criminal Defense Attorney 317-636-7514

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

Criminal Charges Come With a Criminal Record

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

Indianapolis Criminal Defense

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

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

Common Internet Crimes and Penalties

Posted on February 9, 2017 by admin

Indiana Cyber Crime Attorney 317-636-7514

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

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

Cybercrime

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

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

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

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

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

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

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

The Indiana Cyber Crime Unit

Indiana Cyber Crime Attorney 317-636-7514

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

Penalties for Cybercrime

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

Indianapolis Criminal Defense

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

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

What To Do After Receiving a Subpoena

Posted on February 1, 2017 by admin

Indianapolis Criminal Defense Attorney 317-636-7514

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

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

Were You Subpoenaed?

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

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

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

Indianapolis Criminal Defense 317-636-7514

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

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

If you need to deliver a subpoena…

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

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer 317-636-7514

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