What You Should Do if You are Pulled Over for a DUI

Posted on March 1, 2016 by admin

Criminal Defense Attorney 317-636-7514

If you are ever out on the town and have had at least two alcoholic beverages, you could very well be over the state legal limit for drinking and driving. This of course depends on several variables, including your weight, the type of alcohol imbibed, the amount of alcohol consumed, the time period in which the alcohol was consumed, and more. In Indiana, any driver that has a blood alcohol content (BAC) of 0.08 percent or more is considered legally intoxicated and guilty of drunk driving. The legal limit drops to 0.04% for commercial drivers, and even lower to 0.02% for underage drivers.

If a police officer suspects that a driver is intoxicated, they will proceed to pull them over and investigate. In other instances, a person may be pulled over for something entirely unrelated, but if the officer observes any visual cues that are indicative of intoxication, they will proceed with a spontaneous DUI investigation. Either way, if you are ever pulled over by law enforcement, and you have been drinking, be sure you know what to do and how to behave for the sake of protecting your rights and preserving your freedoms.

When You See the Red and Blue Lights Come On…

Pull Over Appropriately. Do not panic or make any sudden jerking movements. Just signal your light and slowly pull over out of the way of traffic. In Indiana, you must always pull over the right side of the road. If you pull over on the left, law enforcement will immediately suspect you may be impaired.

Stay Inside Your Car. Once you are pulled over to the side of the road, turn your engine off and remain in the car. Put on your blinkers, and if it is dark out, turn on your interior light. Now that you have done all this, place your hands on the steering wheel and keep them there until the officer arrives. This process demonstrates behaviors that are least likely to raise concerns for a cop. It is honest and normal behavior, not suspicious. Only get out of the vehicle if the officer asks.

Avoid Suspicious Behaviors. You are always being observed on a traffic stop, it is part of law enforcement training. Everything you do is being noted mentally or by video surveillance. Do not do anything that looks as though you are attempting to hide or conceal something. For example, a cop can search you and your vehicle if he sees you lean forward after he pulls you over. This indicates you are trying to hide something under the seat. Small behaviors like this can raise suspicion in law enforcement. Do not spray anything to mask smell, insert eye drops, chew gum, eat a mint, or fidget for paperwork and other items. These are all cues that you are perhaps hiding or guilty of something.

Be Respectful and Obedient. Do everything that the officer asks of you and be polite. Remember, they are in complete control. Do not talk back, argue, or ask questions. Use relaxed and non-offensive body language. Any impression of stubbornness or aggression is detrimental to your outcome.

Do Not Volunteer Information. Never over share information to a cop when being pulled over and questioned. Answer their questions without volunteering any additional information and keep a respectful tone. Talking too much can get you into more trouble. Not only can you mix up or contradict your story, you can allow an officer to get a whiff of any alcohol on your breath.

Do Not Say How Much You Have Had to Drink. When an officer asks you, and he will, how much you have had to drink, be careful what you say. Do not offer “underestimations” of how much you drank. This can be detrimental to your defense when it is time for your trial. Instead of saying, “I had one or two drinks” or some other under-estimation (especially if it’s untrue), simply remain silent, or say you don’t recall what you had to drink. You don’t want to blatantly lie to a police officer. And the judge for your hearing will know you lied if your BAC turned out to be higher than that of a person who has had “one or two” drinks.

Do Not Refuse BAC Testing. Indiana is an “implied consent” state. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime. It is the law. If you refuse, your license will be automatically suspended for 12 months, and you will still be arrested. If an officer asks to perform a field sobriety test, politely ask if it is voluntary. If not, ask if you can have a breathalyzer instead. Although you should avoid asking questions, in this case it is okay since it could help you defense later on.

DUI Defense in Indiana

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 for DUI charges in Indiana. He is a licensed DUI defense lawyer that fights for his client’s rights and the preservation of their freedoms. Schedule a free initial consultation to learn the next steps after being arrested for drunk driving in Indiana. Act fast so that Attorney David E. Lewis can begin building a strong and impactful defense for your case to reduce or dismiss criminal charges. Call 317-636-7514 for DUI defense in Indianapolis, IN you can trust.

Comprehending Arrest Warrants and Other Types of Court Issued Warrants

Posted on February 22, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

When a person commits a crime, or is guilty under penalty of law, they are expected to obey their court orders and instruction until they have fulfilled their obligations to the court. If a person who is under court ruling disobeys their rules and regulations, such as failing to appear for a court hearing or violating their probation orders, they will be issued a warrant for their re-arrest.

When this happens, the local police are notified, the Department of Motor Vehicles is alerted, and online databases are updated to inform the public of the notice. If you have a warrant out for your arrest, you need to turn yourself in to authorities at the local police station; otherwise, you are considered a fugitive of the law.

Arrest Warrants

A person with a warrant out for their arrest can expect to live with a great deal of paranoia. This is because they can be picked up by the police and arrested on the spot at any place. They can be arrested at work, at home, in the gym, and anywhere else they might be noticed or discovered. Having a warrant is a serious, but resolvable situation. A person needs to contact a criminal defense warrant lawyer and turn themselves into law enforcement before they get in more legal trouble.

Bench Warrants

A bench warrant is another term used for arrest warrant. Specifically, a bench warrant is intended to flag someone for violation, and call them to the judge’s “bench” for sentencing. They are generally issued when a person fails a court ordered drug test, skips a probation meeting, misses a court date, fails to pay a speeding ticket, or commits other similar court violations and minor infractions. Same as any other warrant, it is advised to turn yourself in before your legal situation escalates into something bigger.

Indianapolis Criminal Attorney

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

Call David E. Lewis Attorney at Law at 317-636-7514 if you have been charged with a crime in Indianapolis and need professional legal defense you can trust. Our criminal defense law firm offers free initial consultations and information about retaining legal counsel for criminal charges and convictions. We even offer services for criminal record expungement in Indiana. Call 317-636-7514 to secure your rights and preserve your freedoms, today.

Information About Felony Tax Evasion Crimes and Convictions

Posted on February 18, 2016 by admin

Criminal Defense Law Firm 317-636-7514

If a person fails to pay or underpays their taxes, they can be charged with the crime of tax evasion, also referred to as tax fraud. Tax evasion is generally the act of purposely neglecting to pay taxes in full, while tax fraud can better be applied to the act of fraudulently filling out tax documents to owe less money.
Whether accused of tax evasion or tax fraud, the penalties for these white collar crimes are severe.

It is important to discuss your criminal charges with a knowledgeable fraud lawyer and learn what legal options are available to you. A licensed and experienced criminal defense attorney will fight for your rights using every resource in their power to ensure your freedoms are protected and preserved. With a seasoned criminal lawyer in your corner, your odds at avoiding jail time and other harsh penalties are much higher. Take on the weight of your criminal charges by hiring a licensed criminal lawyer that can place you in the best possible legal position.

Taxes Include but are Not Limited to:

• Excise
• Income
• Gaming
• Property
• Sales
• State
• Federal
• And More

Evasion of tax is a Level 6 Felony offense in Indiana, which is punishable by 1 year or more in prison, fines up to $10,000, various court-ordered penalties, and a life-long felony record. Failing to preserve one’s tax records for the Department of Revenue (DOR) to review is also a crime, charged as a Class A Misdemeanor and punishable by up to 1 year in jail, up to five thousand dollars in fines, and additional court-ordered penalties. The best chance at avoiding these maximum penalties is having the right defense lawyer on your side. Attorney David E. Lewis knows how to fight allegations of tax fraud and evasion, and will protect you from overly-aggressive prosecution.

Types of Tax Evasion Crimes:

• Fraudulently Filling Out Tax Documents to Owe Less
• Failing to Pay Income Taxes
• Failing to Pay Non-Income Taxes
• Failing to File State Income Taxes
• Failing to Report Income
• Reporting Income Gained from Illegal Activity as a Legal Source of Income
• Inflating Tax Deductions to Owe Less
• Deliberately Assigning Inaccurate Values to Assets
• Hiding Assets or Income
• Prohibiting the Indiana Department of Revenue from Examining Records
• Failing to Produce Records or Testimony
• Defrauding the DOR
• “Cooking the Books” Making False Record Entries

Arrests never come at a convenient time, and facing charges for tax evasion or other serious fraud crimes can make you fearful and confused. It is necessary to have the proper guidance in order to make the best legal decisions under the stress of pending criminal charges. Your next few moves could greatly influence and impact the outcome of your case, and ultimately, your future.

Indianapolis Fraud Crime Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to avoid felony charges for fraud crimes in Indiana. He is a licensed fraud crime lawyer with decades of trial and litigation experience in criminal law. Schedule a free consultation to discuss your legal options today. He will get to work instantly, investigating your case and building a powerful defense on your behalf. He will take your case to trial if he has to, and challenge any evidence brought against you in an effort to obtain the most favorable resolution possible. Call our office at 317-636-7514 right away if you are facing fraud charges in Indianapolis, IN.

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.