Who Gets Arrested in a Domestic Violence Police Call?

If you are currently in an abusive relationship of any kind in Indiana, please visit The Indiana Coalition Against Domestic Violence to get the help and support you deserve.

Domestic Battery Crimes

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Domestic violence, also called domestic battery, is a crime that is defined in Indiana Code § 35-42-2-1.3 as any act of causing physical injury through intentionally touching to a current or former spouse. Domestic battery charges are serious, and can result in a Class A Misdemeanor or Level 6 Felony, depending on the severity and details of the crime, as well as the criminal history of the defendant. It also comes with a wide variety of legal penalties, including jail time, probation, protection orders,
child custody orders, intervention courses,
fines, fees, and much more.

If convicted of a Class A Misdemeanor, a person faces up to 1 year in jail, up to $5,000 in fines, and other court-ordered penalties like probation and intervention classes. A Level 6 Felony may render up to 3 years in prison and up to $10,000 in fines. You must retain the services of an experienced Indiana criminal defense lawyer for any chance at avoiding the maximum penalties handed down for domestic violence crimes.

What Constitutes a Spouse?

In Indiana, in order to be defined as a “domestic” battery charge, the two individuals involved must meet at least one of the following requirements:

• Spouse
• Ex-Spouse
• Share a Child
• Living Together as Spouses
• Used to Live Together as Spouses

Spouses are not just married and divorced couples in the eyes of the law. There are several factors that qualify a person as a “spouse” in a domestic battery case. Courts are obligated to consider these factors in order to determine whether or not two people are, or were, spouses.

They will consider the length of the relationship and the frequency of contact, as well as, whether or not they are financially interdependent, if they are raising children together, if they engage in activities or behaviors toward maintaining a common household, and more. If the two people are indeed considered spouses or former spouses, then it would be a domestic charge. But if a person is not a spouse in any regard, then the criminal charge would be a regular battery charge.

Who Gets Arrested at the Scene?

Many times, domestic violence calls are not made by the victims and abusers, but rather the neighbors and onlookers that call to notify police of a problem. In these cases, many people might wonder who, if anyone, will be arrested on a domestic violence police call. What if both individuals accuse the other person of battery? What if both individuals assert that no violence occurred? On the other hand, many calls are made by the victims, themselves. In these cases, who gets arrested? Will it be the accuser or the accused? Or both?

Many states have mandatory arrest policies for domestic violence calls. But in Indiana, it is up to the discretion of the responding police officers to determine if arrests need to be made. Depending on the circumstances at the scene, police may arrest one or both parties. If a cop is on the cautious side, they may make an arrest even for a simple argument between couples. If police believe that no assault occurred, it is possible that no one is arrested, but they may still follow procedures on making sure no further violence or dispute takes place. They do this by separating the two parties. It is common for an officer to politely assist one person in collecting some personal belongings and then escorting them to a safe place, such as a friend or relative’s house.

Accused of Domestic Violence in Indiana?

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 if you were recently arrested on a domestic battery charge in Indiana. He is an experienced and aggressive Indianapolis criminal defense attorney who will work hard to protect your rights and preserve your freedoms. We offer free initial consultations to discuss the best strategy for your defense. Call 317-636-7514 to get started today.

Can I Tape Record an On-Duty Police Officer?

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

With the abundance of audio and video technology available today, most people are walking around with cameras and smart phones that have high-tech capabilities. And with the combination of free Wi-Fi and personal hot spot zones, they can easily and instantly share and upload their recordings from almost anywhere. Over the past few years, a popular use for personal recording devices has been to record police encounters.

As more and more police brutality stories are hitting the news, more and more citizens are becoming paranoid of cops using excessive force or unfair use of their authority. For this reason, many more people are choosing to audio tape their personal encounters with law enforcement, while many others are choosing to video record on-duty police interacting with other citizens or suspects.

Your Rights to Record

But does the law set limitations for this? Are people allowed to record and publicize on-duty police? Lately, this has been a hot topic among law enforcement, the American public, and the Supreme Court. Many people believe it is an obstruction of justice, and even dangerous, to tape record on-duty officers. They argue that the right to film could cause problems conducting sensitive investigations, securing crime scenes, and even discourage people from speaking honestly with cops.

For instance, a couple of years ago Illinois passed an eavesdropping bill that punished anyone who recorded an on-duty police officer in a public place without consent of all parties. The penalty for violators included a felony charge and up to 15 years in prison. This law was later found unconstitutional in a federal appeals court since it violated free speech rights. The opposition filed an appeal against this ruling, but the Supreme Court declined to hear it. This left the federal appeals court conclusions, binding. This means that it is LEGAL in all 50 states to record on-duty police officers in a public place (without consent) as long as it does not interfere with them doing their job.

Sending the Right Message

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

It is important to remember that the police brutality videos shared over the years are not an accurate representation of all police officers whatsoever. Every person is different, and the cops that chose the poor behaviors recorded in such videos are individuals acting out on their own personal emotions and agendas. Many times, law enforcement is unfairly publicized in a poor light, giving the impression that they have done something inappropriate when they have simply followed protocol.

It is important to know the difference, and to also appreciate and respect our city’s first line of defense.

On the other hand, the duty of law enforcement is to protect, not intimidate. So if you believe you were unfairly treated by a police officer, it is recommended to contact a criminal defense lawyer to learn your rights. Choose a lawyer with experience and a passion for justice. Choose Attorney David E. Lewis.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

A Fake ID Charge is More Serious Than You Think

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

It is that time of year when students bring their summer vacation to a close, and return to campus for another semester of school. One of the most common criminal charges that college students are arrested for, especially during back-to-school time, is using false identification to purchase alcohol or gain access into bars and night clubs. Although this is such a common offense among young adults under the legal drinking age, it is no less serious. In fact, the consequences of using a fake I.D. can be life-long, and affect a student’s reputation far after they graduate college.

The damaging effects of a fake I.D. charge on a person’s criminal record are reality, which is why it is critical to retain an experienced criminal defense attorney if you or someone you love is facing false identification charges. Continue reading to learn about the potential effects these kinds of charges can have on your life, and
what to expect when faced with them.

What to Expect From False ID Charges

You may wonder who would really care about a fake ID charge on your criminal record. After all, it seems like such a forgivable offense, right? Unfortunately, this notion is far from right. There are people and organizations that WILL care about a false identification charge on your criminal record. These mostly include the government and potential employers. Being arrested with, or for using, a fake ID makes a person look dishonest and untrustworthy to future employers and government organizations.

For instance, if you wanted to pursue a career in finance or other high-security field (engineering, intelligence, technology, etc.), this type of criminal charge could put you out of the running when up against other potential candidates for the job you want. At the same time, the government would view this criminal charge as a breach of trust, which can make it more difficult to get security clearances or obtain licenses. It can also impact an international student’s F1 Visa.

Actual Charges

When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the state they committed the crime in. Some states charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more. On the other hand, prosecutors have the jurisdiction to charge offenders with more serious offenses in the case of a fake ID arrest, including misdemeanor deception or felony forgery.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 if you or a loved one was arrested for using a fake ID in Indiana. He will stop at nothing to protect your rights and preserve your freedoms. Our Indianapolis criminal defense law firm offers free initial consultations to discuss the options for your case. Call 317-636-7514 to schedule an appointment with Indianapolis defense lawyer, David E. Lewis, today.

The Laws Surrounding Graffiti Crimes in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Graffiti can be quite stunning, but it can only be appropriate in the right setting. For instance, graffiti murals and paintings are a popular trend right now for commercial venues and businesses. But if graffiti is not welcomed, it becomes a legal issue. When a person graffiti’s public or private property, whether commercial or residential, they are committing a crime in the eyes of Indiana law. This type of graffiti is a form of property damage that falls under the crime of criminal mischief.

Criminal Mischief Charges

Criminal mischief is defined as “recklessly, knowingly, or intentionally causing damage or defacement to a property without their consent.” A person found guilty of such charges can face jail time, court fees, fines, and additional court-ordered penalties. But the extent of criminal charges for property damage offenses depends on the total value of damage. For instance, if a kid spray paints the side of a park bench, and the damage equals out to $200, the charges would be less serious; whereas, if a person graffiti’s an entire school playground and the damages add up to thousands of dollars, the criminal charges will be more serious.

Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.

It is important to retain the services of an experience criminal defense lawyer to increase your chances of reducing or dismissing charges and penalties for graffiti crimes.

Indianapolis Criminal Defense

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 discuss your criminal mischief charges in Indiana. As an aggressive and experienced Indianapolis criminal defense lawyer, he will work around the clock to obtain a more favorable outcome for you. Schedule a free initial consultation to learn your options for criminal defense. Call 317-636-7514, today.

Your Social Media Activity Can and WILL Be Used Against You in Court

Twitter, Instagram, Facebook, Snap Chat, and so on. There are numerous social media platforms to choose from. But just because you set your preferences to “private” doesn’t mean your social media is truly protected and hidden from others. Anything you choose to put on the internet is documented forever, and out there for the public to see. And people are now starting to realize this as prosecutors are using social media activity against defendants more and more. And they are doing this within their legal means. Continue reading to learn how social media can be used against you in court.

Social Media is Evidence

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

The government, social services, law enforcement, and of course, the court system, can legally use a person’s social media activity as evidence in a court of law or for other case proceedings. These agencies can easily prove that incriminating statements found on your social media pages came from your device and were posted by you by using certain identifying information. This includes your unique IP address, IP history, and Meta Data. This provides dates, times, locations, email addresses, connected accounts, cloud information, and more.

For instance, if you posted an image of you vandalizing school property on Instagram, and later arrested as a suspect for the crime, prosecution CAN and WILL use those pictures as evidence that you are guilty. And the evidence will be admissible in court.

In another example, if a person posts a statement bragging about beating someone up, their post can be used against them to prove that they are guilty of assault. On the other hand, if you were arrested as a suspect for a crime, but your social media places you in a different city or state at the time that the crime took place, you could be dropped as a suspect.

Social Media Advice

Be careful what you post online, especially if you are involved in any type of legal battle. The information you think is private is not private to everyone. And even if you delete posts, they still exist in IP history (which you cannot access and permanently delete either) for quite some time. If you are facing criminal charges, it is best to avoid social media use altogether. Law enforcement does need a warrant to investigate a defendant’s social media, but these are easy for them to acquire, and they will do it. This applies to court cases for child custody, divorce, and much more. Social media is so widely-used by people of all ages, it is a huge source of evidence in many types of court cases.

Criminal Defense in Indiana

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently arrested for a crime, and now facing criminal charges in Indiana. He is an aggressive and experienced criminal defense lawyer that will stop at nothing to protect your rights and preserve your freedoms. He offers free initial consultations, so get in touch today! Let him build a strong and impactful defense on your behalf, and guide you in the direction of your best interests. Call 317-636-7514 to get started right away.

Are Synthetic Drugs Illegal?

Drug Crime Lawyer Indianapolis Indiana

Drug Crime Lawyer 317-636-7514

Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.

The Tough Reality Behind Underage Drinking Arrests

Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

The summer is a time for outdoor fun and relaxation, and many friends and family spend this season enjoying outdoor activities like pool parties, barbecues, concerts, and more. And since alcohol consumption is a part of having fun and relaxing, many people like to add it to the entertainment. Unfortunately, this also includes those who are not yet old enough to legally consume alcoholic beverages. Although underage drinking is illegal, it is bound to take place anyway. So if an underage person is caught by law
enforcement, it will lead to an arrest.

If you were recently arrested for underage drinking, you are facing a list of potential consequences. Consequences that are much worse than how your parents will react to your arrest. Continue reading to learn what to expect from underage drinking charges, and the proper steps you need to take after an arrest to secure your future.

The Outcome of Arrest

In Indiana, an underage drinking conviction is a misdemeanor, which is any crime punishable by up to one year in jail. You can expect to lose your drivers’ license, and be sentenced to several court-ordered penalties like probation, community service, large fines, ankle monitors, random drug tests, and even jail time. In fact, if you are found with a false I.D. you are more likely to face some jail time. The extent of your penalties will be entirely up to the judge and prosecution.

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Aside from the general penalties of an underage drinking conviction, a misdemeanor can drastically change a person’s otherwise bright future. Teens and young adults arrested for this youthful mistake also face life-altering consequences. For instance, a criminal record can make it much harder to obtain college admissions and/or scholarships. It can also impact internship and job opportunities.

What to Do Next

The safest and most effective step towards minimizing the life-long consequences of an underage drinking charge is to hire an experienced Indianapolis criminal defense lawyer to professionally navigate your case. They have the knowledge, experience, and drive to build an impactful defense on your behalf, and work with the prosecution to reduce your charges and subsequent penalties as much as possible.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for experienced and aggressive Indianapolis criminal defense you can trust. He is a seasoned criminal defense lawyer with decades of experience representing clients facing a wide range of criminal charges. If you or a loved one was arrested for underage drinking in Indiana, he can protect you from over-penalization and unfair sentencing conditions! Call 317-636-7514 to schedule a free initial consultation, today.

Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Was your license suspended by the court? Or perhaps the DMV? For whatever reason your licensed was temporarily suspended, you may still have a chance to get your driving privileges back. What was once referred to as “hardship” or “probationary” licenses, is now called “specialized driving privileges (SDP). This change takes place under Indiana Code 9-30-16. Continue reading to learn what SDP really is, and how to find out if you qualify.

What is SPD?

Specialized driving privileges can be given to those whose drivers’ licenses have been suspended for a temporary amount of time. They can only be granted by a court, and vary depending on a judge’s discretion. A judge will decide the limits and extent of a person’s SDP’s by taking into consideration their past records and current traffic or driving infractions. Habitual traffic offenders and serious violators will be less likely to have lenient driving authorization, whereas a person who’s been charged with their first DUI may be given more rights. If your license has been permanently revoked, you would not be eligible for SDPs in Indiana.

Limitations

Indianapolis Criminal Defense

Indianapolis Criminal Defense 317-636-7514

Specialized driving privileges can include a wide spectrum of driving consents. But again, the extent of permission is entirely up to the court. A judge may allow a person to drive to and from work, to and from school, to and from daycare, or simple drive during certain specified times of the day. They may also allow you to drive anywhere and anytime you like, with the condition of an ignition interlock device (IID), which prohibits drivers from starting their vehicles under the influence of alcohol.

Qualifying

Specialized driving privileges, when granted, are usually given for at least 180 days. Those who qualify and do not qualify for SDPs include a broad range of people. For instance, the legislature decided that SDPs do NOT apply to those who have never had a valid drivers’ license, who have a commercial drivers’ license (CDL), and who have refused a chemical test (IN 9-30-6).

However, those who DO qualify include:

• Habitual Traffic Violators (HTV)
• DUI Suspensions
• OWI Suspensions
• OVWI Suspensions
• Insurance Suspensions
• Court-Ordered Suspensions
• BMV Suspensions
• Unpaid Traffic Tickets
• And More

Criminal Defense in Indiana

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indiana. He will fight around the clock to build a strong and impactful defense against your criminal charges, all to protect your rights and preserve your freedoms. He offers free initial consultations to discuss your criminal charges and determine the best route for defense. Call 317-636-7514 today to schedule your appointment, and get started on a path to a better future.

What Can a Criminal Lawyer Do That a Public Defender Can’t?

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Every person who is being prosecuted in our country for a felony offense has the right to an attorney. This right is clearly outlined in the Sixth Amendment to the United States Constitution. And if you listen closely to the Miranda Rights, you will hear the famous line, “If you cannot afford an attorney, one will be provided for you.” And this is exactly how a public defender works. Public defenders are lawyers employed under a Federal system or publicly-funded public defender’s office, and assigned to felony offenders that cannot afford to pay for a private attorney.

After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a personal criminal defense lawyer, out-of-pocket. Continue reading to learn the difference between the two types of counsel.

Public Defender

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more. Not only do they do most of the work for a public defender, they do not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real feelings.

Private Attorney

A criminal defense lawyer will not be handing your case off, or delegating major duties to someone else. They do all the work and investigation themselves, allowing them to be adept in all areas and details of your case. They have a connection to each client and their case, and works only in the direction of their clients’ best interests. Private attorneys can give more time and attention, and take a personal interest in the outcome of their clients’ cases. Although they are not free of charge, and often costly, it is one of the most worthwhile investments you can make for your future and the future of your family. In order to protect your rights and preserve your freedoms, always choose a criminal defense lawyer with experience.

David E. Lewis, Attorney at Law

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 of you are facing felony criminal charges in Indianapolis, Indiana or any of its surrounding towns. He is a seasoned criminal defense lawyer with extensive trial and litigation experience. He offers aggressive representation, working around the clock to build you an impactful and strong defense. Call 317-636-7514 to schedule a free initial consultation, today.

Common Criminal Law Terms and Definitions

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

If you or a loved one was recently charged with a crime, you will soon be surrounded by legal jargon that might confuse and intimidate you. Criminal law terminology is not always clear and straightforward. Many meanings can be complex and multi-faceted, so it is important to always retain the services of an experienced attorney who can guide you through the process accurately and securely.

In the early stages of retaining a licensed defense lawyer, it helps to review some common criminal law terms and learn their definitions. This allows you to prepare questions for your initial meeting with your criminal defense attorney and better understand your legal circumstances. Below you will find some very common and basic criminal law terms defined for your convenience.

Legal Terminology for Criminal Charges

Acquittal – A jury verdict that drops charges against a defendant who has not been proven guilty beyond a reasonable doubt.

Admissible – A term used to describe whether or not evidence can be used in a criminal case.

Affidavit – A printed or written statement of facts that is made under oath, usually by a defendant or witness.

Appeal – A post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly.

Appellate Court – The court with the power to review the judgements of lower courts and tribunals.

Arraignment – An initial legal proceeding where a person suspected of a crime is brought forth to court to hear their charges and asked to plead guilty or not guilty.

Bail – The release from jail of a person who was arrested and accused of a crime, but only under restricted conditions designed to secure the person’s appearance in court.

Bench Trial – Trial with no jury, where only a judge decides the facts.

Capital Offense – A crime punishable by death.

Case Law – The law, as established in previous court rulings; also called legal precedent.

Circumstantial Evidence – All of the evidence in a case that is not eye witness testimony.

Conviction – A judgement of guilt against a person accused of a crime.

Community Service – A court-ordered condition that requires offenders to perform work without pay for a civic or nonprofit organization.

Discovery – Disclosure of evidence among counselors before trial. Lawyers examine the facts, documents, and evidence in their opponent’s possession.

Diversion Program – Alternative to criminal prosecution for cases that are usually eligible for dismissal. May include the use of educational classes, victim panels, rehabilitation programs, community service, and more.

Due Process – The constitutional guarantee in criminal law that ensures every defendant will receive a fair and impartial trial.

Evidence – Information, presented in either documents or testimony, used to persuade a judge and/or jury to rule in favor of one side or the other.

Felony – A serious crime that is punishable by one year or more in prison.

Indictment – A formal charge issued by a grand jury that declares there is enough evidence that a defendant committed a crime to justify a trial. Generally used for felony cases.

Jail – A place of detention for individual’s awaiting trial for minor criminal charges.

Judge – A government official that has the authority to decide on legal cases brought before the court.

Jurisprudence – The study of law and the structure of the legal system.

Jury – A group of anonymous people, selected according to law, to hear the evidence in a trial and render a verdict based on facts.

Misdemeanor – Any crime that is punishable by up to one year in jail. A crime that is less serious than a felony.

Motion – A request made by a litigant in a trial, asking a judge to make a decision on a related matter in the case.

Nolo Contendere “No Contest” – A guilty plea in which the defendant does not directly admit guilt or innocence, and refuses to contest the charges against them.

Plea Bargain – An agreement made between a defendant and the prosecution in which the defendant pleads guilty in exchange for reduced charges or sentencing.

Pretrial Conference – A meeting of the judge and lawyers before a trial to examine evidence, review witnesses, set a timetable, discuss which matters should be presented to the jury, and the settlement of the case.

Probation – A federal court-ordered period of monitored supervision, handed down as an alternative to jail time.

Prosecute – To charge a person with a crime.

Sentence –Legal punishment ordered by a federal court for a defendant who has been convicted of a crime.

Standard of Proof – The level of proof required to convict a person of a crime. In criminal cases, prosecution must prove “beyond a reasonable doubt” that a defendant is guilty.

Testimony – Oral statements given by witnesses, field experts, and other relevant parties in a criminal case.

Uphold – When a higher appellate court agrees with the lower court’s decision, and allows their judgement to stand.

Verdict – A judge or trial jury’s decision of “guilty” or “not guilty” of a defendant in a criminal case.

Warrant – A written court order authorizing the arrest or search a person suspected of committing a crime. Generally carried out by law enforcement.

Writs – A formal written court order commanding a person to refrain from or take certain action.

David E. Lewis Attorney at Law

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 to fight your criminal charges in Indiana. He is an experienced Indianapolis criminal defense lawyer that will work around the clock to build you an impactful and aggressive defense on your behalf. Trust our law firm to protect your rights and preserve your freedoms. Call 317-636-7514 to schedule a free initial consultation, and get started on your path to justice today.