Types of Specialized Criminal Courts in Indiana

Posted on May 16, 2016 by admin

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In Indiana, there are two primary types of court cases, civil and criminal. Most civil cases involve a plaintiff suing for restitution or compensation. Common examples are divorce and child custody cases. In contrast, criminal cases involve enforcing laws and seeking punishment for crimes committed. In civil cases, a person is seeking money, but in criminal cases, the party pressing charges is seeking punishment.

The government, or state, is generally the party that brings criminal charges against a person. Once this happens, the person will go to court to stand trial on the charges. There are three main categories of criminal court, all of which deal with different types of criminal cases. Continue reading to learn about the types of specialized criminal courts in Indiana.

Indiana Criminal Courts

The three main types of specialized criminal courts include major felony, misdemeanor, and juvenile court. Each court system deals with the specific charges and penalties under their category. However, this can also depend on the county in which your crimes originated. And in some cases, minors are tried as adults in felony or misdemeanor court if their crimes are severe. Take a closer look at each type of specialized court system in Indiana:

Felony Court – If a person is charged with a major felony, they will stand trial in an Indiana felony court. A major felony can be anywhere between a Level 5 and a Level 2 felony crime, as well as, murder. However, a major felony may be considered any level felony depending on the county in which the crimes originated. A felony is any crime that is punishable by 1 year or more in jail. For example, if Jack stole a car, he would be arrested for suspicion of car theft. Next, the state would bring felony theft charges against him and then he would go to felony court to stand trial.

Misdemeanor Court – Misdemeanors are lesser offenses than felonies. A misdemeanor is any crime that is punishable by up to 1 year in jail. Common examples of misdemeanor crimes include shoplifting, public intoxication, driving with a suspended license, and so on. Misdemeanors are classified into three classes, from A to C, depending on the severity of the crime and criminal history. The most serious is a “Class A” misdemeanor. If a person is charged with a misdemeanor, they will stand trial in an Indiana misdemeanor court.

Juvenile Court – If a person is charged with a crime, and they are under 17 years old, they will generally stand trial in an Indiana juvenile court. In the case that a crime is a typical juvenile offense, such as trespassing or petty theft, they will remain in the juvenile court system. However, in the case that the crime committed is a serious or egregious offense, minors may be tried as adults in felony court. It largely depends on the state in which the crimes originated.

Indianapolis Criminal Defense Lawyer

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 when you need an Indianapolis criminal defense lawyer that stops at nothing to protect your rights and preserve your freedoms. With extensive trial and litigation experience, and a drive that never stops, Attorney David E. Lewis will build a strong defense and impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation to discuss your case with an experienced criminal defense attorney in Indianapolis, IN.

The Difference Between Probation and Parole

Posted on May 13, 2016 by admin

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Although probation and parole are similar to one another because they are both alternatives to incarceration, they are quite different in detail. The primary difference between the two, which we’ll discuss further later on, is that probation often takes the place of jail time, whereas parole occurs after a person’s early release from prison. But they are also similar in the fact that they both subject an offender to temporary legal supervision and obligate them to follow a set of strict rules.

Continue reading to learn more about the differences between probation and parole.

Probation

After a person is found guilty of a criminal charge, they are sentenced to certain legal penalties. These penalties often include jail time, fines, community service, impact panels, substance abuse classes, and more. Depending on the severity of the crime and the person’s criminal history, a judge may grant probation in place of jail time. Probation is a temporary period of legal supervision, often managed by a jointed probation agency, which allows offenders to show the court they wish to repent and rehabilitate after their conviction.

Criminal Defense Law Firm 317-636-7514

During this time, offenders are legally obligated to follow a list of rules, called probation conditions, which include retaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Those on probation are managed by a probation officer, and subject to random warrantless searches and drug tests without probable cause.

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as, complete all court-ordered classes, community service, or rehabs. So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term.

Parole

Parole occurs after an offender is released from jail. Parole comes with the same set of rules and requirements as probation, called conditions of parole. Offenders report to a parole officer on a regular scheduled basis, and subject to all the same conditions of a person on probation. If an offender fails to comply with these conditions, the parole officer will file a report with the parole board, who will then rule as to whether or not the person should go back to jail or sentenced to stricter parole conditions.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a misdemeanor or felony crime in Indiana. He is an aggressive and powerful Indianapolis criminal defense lawyer that retains extensive trial and litigation experience in criminal law. Call 317-636-7514 to schedule a free initial consultation to discuss the best strategy for your defense.

The General Terms of Felony Probation

Posted on May 2, 2016 by admin

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Anyone who is arrested for a felony offense understands the serious nature of their legal situation. This is because felonies are the most serious offenses, and the most severely punished. In Indiana, they are divided into 7 categories, from Level 6 to Level 1, and at the top, Murder. Each level of felony is assigned a separate statute regarding penalization, and for the less serious felonies, this includes the terms of probation.

Continue reading to learn more about the general terms of probation for felony convictions, and what to do if you have been recently charged with a felony in Indiana.

Felony Offenses

A felony is any crime that is punishable by more than 1 year in jail, and up to $10,000 in fines, as well as, a long list of additional penalties, which we will discuss shortly in this blog. Level 6 felonies are the least serious of all felonies, and are colloquially referred to as “wobblers” in the legal industry since they can often times be reduced to misdemeanors with the help of an experienced criminal defense attorney. They are punishable by up to 3 years in prison and up to $10,000 in fines. Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses. Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense.

Probation

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Probation is a legal penalty that serves in place of jail time. When a person is convicted of a felony, depending on the circumstances of their case, they may be offered probation and other legal penalties in place of serving time in jail. When the probation period is complete, it is the same as “time served” in jail. Probation is the period of time after a person is convicted of a crime in which they are supervised by the courts, and obligated to perform or complete certain court orders.

Probation is assigned for a set number of months, generally ranging from 3 to 24 months, depending on the crime. During this time, a person must comply with all court orders and refrain from committing any offenses. If they fail to do this, they can be charged with another crime: violating probation. This brings on a whole other case of legal charges and penalties. Below are some more general terms of probation. Not all terms are assigned to every case. Every case is different and every judge is different. The results of your felony case and subsequent probation will depend on the individual details of your case and charges.

General Terms Include, but are not Limited to:

• Offenders cannot leave the state.
• Offenders must submit to regular scheduled drug screening.
• Offenders must report to all scheduled probation meetings on time.
• Offenders must remain drug and alcohol-free.
• Offenders must complete all assigned community service, alcohol/drug education classes, or impact panels.
• Offenders must pay all court fines and fees in full, on time.
• Offenders must maintain employment.
• Offenders may be subject to house arrest, ignition interlock devices, or electronic ankle devices.

If you have been arrested recently, and you believe you may face felony charges, contact a licensed criminal defense attorney right away. They have the resources and knowledge to best 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 for reputable and experienced Indianapolis criminal defense you can trust. He is an aggressive criminal lawyer that can help you navigate your case in a way that may be able to reduce or dismiss your charges. Our law firm offers free initial consultations and is happy to answer your questions about the levels of punishment in Indiana and its criminal process. Call 317-636-7514 to schedule a consultation with an experienced criminal defense attorney in Indianapolis, IN.

Is a No Contact Order the Same as a Protective Order?

Posted on April 26, 2016 by admin

It is common for people to mistakenly assume that a “no contact” order is the same as a protective order. Although they are very similar, they are not exactly the same thing. Knowing the difference between the two can give you a better understanding of their purpose. Continue reading to learn more about protection and no-contact orders, and how they are obtained in Indiana.

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Protective Orders

A protective order, also referred to as a restraining order, is a civil-based court order of protection that is signed by a judge, ordering a recognized perpetrator, or respondent, to stay away from the petitioner, or protected party. When a person fears that another individual is going to physically hurt them, they can file a petition with the civil court explaining their fear of imminent bodily injury and how a legal order is the only way to put an immediate end to their danger. The courts can order specific legal boundaries for the respondent, including city zones, residences, family members, and more. Often times, a judge will simply order a respondent to keep a specified distance away from the petitioner at all times, such as 500 feet.

If the court recognizes a petitioner’s case as an emergency, they will approve the protective order. Once the protective order is filed, a hearing is set within 30 days to give the respondent an opportunity to refute the allegations or necessity of the order. In this civil case, it is the petitioner that carries the burden of proof, and must show evidence that the respondent is a threat. If the petition succeeds in proving this evidence, the protective order will go into effect immediately, and will last for 2 consecutive years.

After two years, the protective order must be renewed for it to remain valid, which would call for another civil hearing. In many cases, the respondent must also relinquish their rights to owning and possessing firearms, including giving up their concealed carry permit. And if they are Brady Disqualified as a result of the order, they may never regain their right to have a concealed permit ever again.

No Contact Orders

No contact orders are very similar to protective orders, since they are both signed by a judge and approved in a court or law. However, no contact orders are requested by a prosecutor in a criminal case, not by a petitioner, also making them criminal-based orders rather than civil-based ones. When alleged victims are involved in criminal cases, more often than not, no contact orders are issued at the same time criminal charges are filed against a defendant. And most often, these orders stay in effect throughout the case and for as long as the defendant’s sentence.

No contact orders may be terminated beforehand if a person from the protected party is willing to testify that it is no longer necessary. If a respondent violates any aspect of a no contact order or protective order, they are committing a crime and criminal charges will be filed against them. Generally, the crime is Invasion of Privacy, which can be a misdemeanor or felony charge. Physical contact is not the only way a respondent can violate an order as well. For example, other forms of violation can include:

❊ Direct contact (i.e. same vicinity, physical, eye-to-eye, etc.)

❊ Indirect contact (i.e. mail, sending flowers, leaving notes, etc.)

❊ Third-party contact (i.e. sending messages through mutual acquaintances)

❊ Social media contact (i.e. Twitter, Facebook, Gmail, electronic apps, etc.)

❊ Phone contact (i.e. calls, voicemail, text messages, email, etc.)

Consult an experienced Indianapolis criminal defense attorney for a better understanding of your criminal charges, as well as, the best strategies for your defense. A licensed and experienced criminal lawyer will have your best interests in mind when building a strong defense against your criminal charges. You may have an opportunity to avoid maximum penalties, or have your charges dismissed altogether!

David E. Lewis Attorney at Law

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

Call 317-636-7514 to schedule an appointment with David E. Lewis, Attorney at Law. He is an experienced Indianapolis criminal defense lawyer that can build a strong and aggressive defense for your case. No matter which crime you have been charged with, or the extent of your criminal record, Attorney David E. Lewis retains the knowledge and drive needed to navigate your case and protect your rights. Call 317-636-7514 today if you are facing criminal charges in Indianapolis, Indiana.

How Long Does a Prosecutor Have to Bring Criminal Charges Against Someone?

Posted on April 21, 2016 by admin

Indianapolis Criminal Defense Attorney 317-636-7514

On television, you are likely to see extravagant plots about fugitives running from the law and living out their lives happily-ever-after in a faraway place. But in real life, out-running the law is not a likely circumstance, nor the ideal option for dealing with criminal charges. However, in the rare case that criminal charges never catch up to a person, is it possible for their charges to be dropped if a long amount of time passes by? Continue reading for the answer.

Indiana Statutes of Limitations for Criminal Charges

In Indiana, there are statutes of limitations that outline the amount of time a prosecutor has to bring charges against a person after the commission of a crime. The length of time can depend on a variety of factors, but mostly depends on the severity of the criminal act. For example, time lengths can be extended if the state makes an error that results in a case being dismissed. In this case, the state must bring charges against the defendant within 90 days following the dismissal. Also, if a defendant is not a resident in the state or conceals evidence of their crime, statute of limitations can be extended.

After the commission of a crime, the state has so many years to charge a person for that crime. Below is a brief overview of these limitations.

Misdemeanor Crimes: 2 Years

Level 6 Felonies: 5 Years

Level 3, 4 & 5 Felonies (excluding sex crimes): 5 Years*

*Charges can be brought within 1 year of the state first discovering evidence through DNA analysis, or if they could have discovered evidence through DNA analysis with due diligence.

Level 1 & 2 Felonies: No time limitation. The state can bring charges against a person for as long as they are alive.

Murder: No time limitation. The state can bring charges against a person anytime regardless of how long it’s been since the victim’s death and the commission of the crime.

Sex Crimes: The state must bring charges against a person before their VICTIM turns 31 years of age.*

*Sex crimes include child molestation, statutory rape, child solicitation, vicarious sexual gratification, child seduction, incest, etc.

Forgery Crimes: 5 Years*

*Time lengths can be extended by the 3 factors mentioned earlier in the blog.

If You Have Been Charged With a Crime…

Since there are so many variables that can limit or extend the amount of time the state has to bring charges against you, it is best to consult with an experience criminal defense attorney for a better understanding of the Indiana criminal process. Not only can they properly navigate your case with your best interests in mind, they can help protect your rights and preserve your freedoms.

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

David E. Lewis, Attorney at Law is an Indianapolis criminal defense lawyer with decades of experience defending those facing criminal charges. Call our law firm today at 317-636-7514 to schedule a free initial appointment to discuss your case and begin developing a plan to protect yourself. Your best chance at avoiding the maximum penalties for your charges is to hire an aggressive criminal attorney that knows the system. David E. Lewis is that attorney that will work around the clock fighting to defend your case! Call 317-636-7514 to learn more about criminal law in Indiana, and your options as someone facing criminal charges in Indiana.

What To Do After Your Child is Arrested

Posted on April 13, 2016 by admin

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It’s natural for parents to want to be there for their children at all times, whether for monumental life steps and special occasions, or all the small things in between. And when things get rocky, parents want to make everything better for their kids. This is especially true when kids get into serious trouble. Kids are young and inexperienced, and bound to make mistakes. So when children are beginning to approach an age where they can break the law and be penalized for it, it is important for parents to educate themselves on what to do if their child
is ever arrested for a crime.

Arrested Minors

There are three ways a minor is arrested for a crime. They are either arrested at the scene of the crime, summoned to appear for a court hearing for a crime, or issued a warrant for their arrest for being a suspect of a crime. Most often, minors are arrested at scene. If the crime is something minor and traffic-related, like driving with a suspended license, the officer may choose to be lenient and let them off with a summons for court, rather than taking them to jail. But for more serious infractions, minors will be handcuffed, read their Miranda rights, and taken to jail for processing.

Common crimes for minors include shoplifting, vandalism, truancy, trespassing, underage drinking, drug possession, and more. If a minor commits a crime, but not caught at the scene, they will be issued a warrant for their arrest, and must surrender to authorities to face their charges, or face additional legal penalties. For example, if a teenager robs a grocery store and gets away, but the entire crime was caught on tape, an arrest warrant will be issued for their arrest.

What to Do as a Parent

Criminal Defense Law Firm 317-636-7514

Once you have custody of your child again, usually after their arraignment is concluded, it is important to immediately retain the services of an experience criminal defense attorney. They have the knowledge and resources needed to build a strong defense for your minor, giving them the best possible chance of avoiding maximum penalties. They will guide you through the entire legal process, doing all that they can for your child’s case. And they will ensure you are doing everything right as well.

Do not opt for a public defender to save money. They generally have many cases to see to and cannot give your child’s case the special attention it deserves. When it comes to your child’s reputation and future, it’s not worth taking the risk. Hire a trusted criminal lawyer to protect your child’s rights and preserve their freedoms instead.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 if your child was arrested in Indianapolis, Indiana. He provides comprehensive criminal defense for minors facing criminal charges for misdemeanor and felony crimes. Attorney David E. Lewis will work around the clock fighting for your child’s rights. Call 317-636-7514 to discuss your legal matters with an experienced Indianapolis criminal defense attorney you can trust.

Getting Busted With Heroin in Indiana

Posted on April 5, 2016 by admin

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What was once only a harsh and glorified pop-star drug among the rock and roll crowds is now a popular new attraction for teens and adults alike. We are talking about heroin and opioid usage. It can start out innocently as a prescription to pain medication, or a dare to try something new, and then quickly turn into a life-shattering dependency that seems to take priority over everything and everyone else in life.

The complexities of drug addiction and usage are infinite, and unique to every individual, but when it comes to the law, it’s all across the board. Getting busted with heroin comes with some harsh penalties and consequences, as well as, some unexpected obligations. Continue reading to learn about heroin arrests and who you should talk to if you were recently charged with possession in Indiana.

Heroin Arrests

When a person is arrested for possession of heroin, or any opioid-related crime, it is critical to hire a heroin defense lawyer as soon as possible. An experienced criminal lawyer can build a strong defense against heroin charges, without passing judgement or entertaining rehabilitation. They are only there to get their clients’ charges dismissed or reduced, or obtain the best possible outcome to their case. Never be afraid to call a lawyer for help with your own criminal charges out of fear that they will judge you. This is not how they operate.

In Indiana…

All Heroin Arrests are Felony Offenses. Heroin is a Schedule 1 drug. Even possession under a few grams of heroin is a Level 6 felony. That comes with a potential penalty of 6 months to 2 1/2 years in jail, with an average of one year, as well as, fines probation, court orders, limited freedoms, and more.

Serious Heroin Charges for Trafficking and Possession Can Include Life Sentences. If a person is caught with hundreds of grams of heroin, or caught dealing equivalent amounts, they could face consecutive life sentences and spend
the rest of their natural lives in prison.

Heroin Possession Felonies Can Increase With Enhancements. If a person is arrested for one gram of heroin, they are facing a Level 6 felony, the least serious felony. But if that person was arrested near a school or park, the felony can be bumped to a Level 5 felony. There are several scenarios where enhancements apply.

Enhancements Include:

• Drug Manufacturing
• Possession of Firearm
• Children Present
• Near or On School Grounds
• Priors for Dealing
• Drug-Free Zones
• Dealing to Minors (or 3yrs’ one’s junior)
• 500 Feet of Park or School Bus

A Level 5 Felony for Heroin Possession Includes Jail Time. A person arrested with more than 6 grams of heroin faces a Level 5 felony or worse, depending on the total amount. If under 5 grams, a person can still face a Level 5 Felony or lower with enhancements. Without enhancements, standard penalties or heroin convictions look like this:

Possession Under 5 Grams:
Level 6 Felony
Min 6 Months in Jail – Max 2 ½ Years in Jail
Up to $10,000 in Fines
Probation Up to 2 ½ Years

Possession 5-10 Grams:
Level 5 Felony
Min 1 Year in Jail – Max 10 Years in Jail
Up to $10,000 in Fines
Probation Up to 8 Years

Possession 10-18 Grams:
Level 4 Felony
Min 2 Years in Jail – Max 12 Years in Jail
Up to $10,000 in Fines
Probation Up to 8 Years

Dealing Under 1 Gram:
Level 5 Felony
Min 1 Year in Jail – Max 10 Years in Jail
Up to $10,000 in Fines
Probation Up to 8 Years

Dealing 1-5 Grams:
Level 4 Felony
Min 2 Years in Jail – Max 12 Years in Jail

Dealing 5-10 Grams:
Level 3 Felony
Min 3 Years in Jail – Max 16 Years in Jail

Dealing Over 10 Grams:
Level 2 Felony
Min 10 Years in Jail – Max 30 Years in Jail

Additional Penalties for Heroin Convictions Include: community service, victim impact panels, revoked or suspended driving privileges, ignition interlock devices, ankle monitors, drug and alcohol education, addiction rehabilitation, and more.

Indianapolis Heroin Defense Lawyer

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

Call Attorney David E. Lewis at 317-636-7514 if you are facing heroin charges in Indianapolis, Indiana. Schedule a free initial consultation to discuss your arrest and charges with a seasoned lawyer you can trust. David E. Lewis, Attorney at Law, fights hard to protect his clients’ rights and preserve their freedoms. He works around the clock to obtain the fairest possible outcome for your particular case. Call 317-636-7514 to learn more about heroin criminal defense in Indiana.

Understanding Your Miranda Rights

Posted on March 22, 2016 by admin

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The American criminal jurisprudence known as the “Miranda Rights”, have been a popular script addition to thousands of movies and television shows ever since the United States Supreme Court ruled on the rights of criminal suspects. For this reason, you may be able to recite a good portion of them already. But it is wise to fully understand your rights as a suspected criminal in the case that it ever happens to you or someone you love. A good place to start is to review the meaning behind your Miranda Rights.

Miranda vs. The State of Arizona

It was a case entitled, “Miranda versus the state of Arizona” that brought about the creation of the modern-day Miranda Rights as we known them. In 1966, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights BEFORE police questioning or interrogation. These rights have mostly to do with the 5th and 6th Amendments. Let’s take a closer look at those, as well as, the exact Miranda Rights as they are read by law enforcement today.

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

The Miranda Rights

1. You Have the Right to Remain Silent. This means you can legally refuse to speak or answer questions about a crime and there is nothing police can do about it.

2. Anything You Say or Do Can Be Used Against You in a Court of Law. This is a very critical warning that tells defendants any incriminating engagement with law enforcement will be used against them in court.

3. You Have the Right to Consult an Attorney Before Speaking to Police, and Have an Attorney Present During Questioning Now or in the Future. This right should be invoked clearly by simply stating you don’t want to answer questions without your lawyer present. After this has been made clear to police, any further interrogation cannot take place.

4. If You Cannot Afford an Attorney, One Will Be Appointed for You Before Any Questioning if You Wish. If you cannot afford a lawyer, a public attorney will be appointed to your case. Always consult your P.A. before answering police questions.

5. If You Decide to Answer Any Questions Now Without a Lawyer Present, You Still Have the Right to Stop Answering at Any Time Until You Talk to a Lawyer. If at any time a person gets uncomfortable during police questioning, they can legally refuse to proceed without consulting their lawyer first. A person can tell law enforcement that they want the questioning to stop until they have a lawyer present.

6. Knowing and Understanding Your Rights as They’ve Been Explained to You, Are You Willing to Answer Any Questions Without an Attorney Present? This question, or one like it, is what police use to get suspects to waive their rights. They generally also ask to sign a written waiver.

Although it is important to know the Miranda Rights, if you are ever confronted by police for questioning, there are two basic rules to remember in order to protect yourself legally: remain silent and ask for a lawyer.

Indianapolis Criminal 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 in Indianapolis, Indiana. Our criminal defense law firm offers free initial consultations and never passes judgement on anyone. If you have been charged with a crime, let Attorney David E. Lewis build a strong and impactful defense for your case to reduce or dismiss criminal charges and convictions. Call 317-636-7514 to schedule an appointment with a licensed Indianapolis criminal defense lawyer you can trust.

A Brief Look at Indiana Public Intoxication Laws

Posted on March 16, 2016 by admin

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St. Patrick’s Day is almost here. A day where thousands of Hoosiers gather for the purpose of celebrating the Irish heritage. And on this day, celebrating is traditionally done by means of excessive alcohol drinking. Green beer, beads, and beards are a common attraction on St. Patrick’s Day, as well as, publically intoxicated patrons. If you have been a veteran celebrator of this holiday, then you have surely seen public intoxication at play and perhaps been guilty of the same thing a time or two.

But did you know that under old Indiana law, anyone that was intoxicated in public was committing a crime? If a person walked into a bar, music venue, or stadium, and had enough to drink to put them even a fraction over the legal limit, they could be legally arrested as soon as they stepped outside on the sidewalk or into the parking lot. Indiana legislature eventually decided this law was unreasonable and unfair. And this is true since most places of business that provide consumer entertainment promote drinking, serve patrons alcoholic beverages, and then force then out to catch a cab or drive home when they close.

Old Law Prior to 2012

The old law stated if a person was over the legal drinking limit in a public place or property, they were committing a crime and subject to arrest. But in May of 2012, Governor Mitch Daniels signed a new law regarding public intoxication that soon went into effect on July 1st. The changes that were made to the old law basically reflected what law enforcement was already doing in terms of managing public inebriation cases. Generally, law enforcement would only arrested intoxicated persons in public if they were causing a disturbance of some kind.

New Law as of July 2012

Although some parts of the statute are vague and subjective, it should give patrons peace of mind knowing they can peacefully walk home or take a public bus without legal consequence, so long as they are behaving responsibly. The new law, Indiana Code 7.1-5-1-3, states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for
public intoxication if they are:

1. Endangering their Life or the Life of Others
2. Breaching the Peace or in Imminent Danger of Breaching the Peace
3. Harassing, Annoying, or Alarming Another Person or Group of People

Keep in mind that, ultimately, law enforcement officers have full discretion as to what they determine, “a breach of peace” and other violations of the statute. So be sure to know your rights for the upcoming holiday so you can be better prepared to have a fun and safe St. Patrick’s Day celebration!

Indianapolis Public Intoxication Charges

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

Call David E. Lewis Attorney at Law at 317-636-7514 if you are facing public intoxication charges in Indianapolis, Indiana. He provides aggressive criminal defense representation for alcohol-related crimes. You have a better chance at getting your charges reduced or dismissed with the help of a knowledgeable and experienced Indianapolis criminal defense lawyer like David E. Lewis! Call 317-636-7514 to schedule a consultation, today.

What is the Brady Bill and How Does it Relate to Gun Control?

Posted on March 10, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

These days, it seems as though national gun-related crimes are gaining frequency every time we turn on the news. And from all these reports and unfortunate events, the inquiry that never fails to arise is a question of whether or not the assailant should have had access to a gun. In the United States, every adult has the right to bear arms, according to our country’s constitution. But in today’s society, it is very easy for a person to lose their right to carry, posses, own, or purchase a firearm.

The state and federal governments can disqualify an individual of these rights based on their criminal record. In fact, there is a term called, Brady Disqualified that is used in gun control law. It is related to the Brady Bill, which we will discuss further in this blog. Continue reading to learn about the Brady Bill and how it relates to gun control in our country.

Brady Disqualifications

The Brady Bill, also called the Brady Handgun Violence Prevention Act, was passed by congress in the mid-1990’s with the help of a man named James Brady. James Brady was an assistant and Press Secretary to Ronald Reagan . On March 30, 1981 in Washington, Brady and Reagan were walking in-between the Washington Hilton Hotel, on their way to the Presidential motorcade. During this walk, a man named John Hinckley Jr. shot Brady in an attempt to assassinate the President. James Brady suffered a gunshot wound to the left eye, leaving him alive, but in serious condition. He was not only blind in the left eye, he also suffered partial paralysis and slurred speech, causing him to spend the majority of his life afterwards in a wheelchair. From that day, Brady and his wife dedicated the rest of their lives lobbying for gun control. They wished for laws to place tight restrictions on handguns and other assault weapons. As a result of their passion and fervency, Brady was able to help facilitate the passing of the Brady Bill.

The Brady Bill altered the political landscape for gun ownership and possession. Any person that wished to purchase a firearm from a federally-licensed importer, manufacturer, or dealer was required to pass a full background check. An FBI-based system called the NICS check, or National Instant Criminal Background Check System, is still used to this day to run these scans. It also placed specific exclusions and restrictions on the right to own, possess, or purchase firearms.

For example, if a person has a criminal conviction that was punishable by a jail term of more than one year, is a fugitive of the law, is a habitual substance abuser, has been adjudicated as being mentally ill or committed to a mental institution, is an illegal alien, has been dishonorably discharged from armed forces, has relinquished citizenship, or was convicted of stalking, harassment, Domestic Violence Lawyer, making threats, or other Violent Crimes Lawyer, they can be Brady Disqualified from owning or possessing a firearm.

In Indiana, in order to be Brady Disqualified under any of the above-mentioned exclusions, there has to be a court order and hearing addressing the specific events that disqualifies a person of their right to bear arms. To undo a Brady Disqualification, a court order is needed. It is best to discuss your rights with an experienced criminal defense attorney. They have the knowledge and resources to accurately assess your case and divulge your rights.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call The Law Office of David E. Lewis at 317-636-7514 for information about Brady Disqualifications in Indianapolis, Indiana. David E. Lewis, Attorney at Law, is experienced in criminal defense that can help you with your legal problems. If you have been charged with a crime that could potentially preclude your right to bear arms, call Attorney David E. Lewis for help with your case. Call 317-636-7514 and schedule a free initial consultation for criminal defense in Indianapolis, IN today.