How to Choose the Right Criminal Defense Lawyer

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

When a person is arrested and charged with a crime, the first thought that usually comes to mind is to hire a lawyer, and understandably so. A criminal defense lawyer is an offender’s best opportunity at avoiding the maximum penalties for their criminal charges, including jail time. Every case is different, and varies from person to person, as well as, county to county. But in all criminal cases, the most important thing you can do is find the right criminal defense lawyer.

This is a critical step toward protecting your rights, preserving your freedoms, and securing a happy future. Choosing a criminal defense lawyer can be overwhelming because there are endless counselors and firms to choose from. But with the right knowledge, you can retain proficient legal counsel that is best for your case. Continue reading to learn what makes a dependable criminal defense lawyer if currently facing criminal charges in Indiana.

✪ Experience

One of the most important qualities to look for in a criminal defense lawyer is experience. Experience speaks to their level of knowledge in the field of criminal law, as well as, their dedication to their practice. Experienced lawyers are more likely to have long-standing relationships with local prosecutors and courthouses, which can also be an advantage in many ways. Experience also builds reputation, which allows you to review their success rate and likability among previous clientele. Which brings us to the second most important credential to look for in a criminal lawyer.

✪ Reputation

A crime lawyer’s reputation is important to consider because you want to know how they treat their clients. Reading testimonials and reviews from past clients is a great way to grasp an attorney’s character and performance. Facing criminal charges is stressful, so you want an honest and hard-working lawyer that can build you a strong case while also keeping your best interests’ at heart. And that is the next quality to look for.

✪ Aptitude

You need a criminal defense attorney that knows what they are talking about, and is well-versed in your state’s laws surrounding crime. A knowledgeable criminal lawyer has the intellect to build a strong defense on your behalf. Because they know the criminal process front to back, they can better develop a strategy to fight your criminal charges. Experience is usually a good indicator that a defense lawyer is highly-knowledgeable.

David E. Lewis Attorney at Law

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 if you are facing criminal charges in Indiana. He retains the experience, aptitude, and reputation you need in a criminal defense attorney. He will build a strong defense to fight your criminal charges, while also working around the clock to protect your rights and preserve your freedoms. His ultimate goal is to be the strong arm in his client’s criminal case. His aggressive representation will have you feeling confident in your future. Call 317-636-7514 to schedule a consultation for criminal defense in Indianapolis, today.

What is Probable Cause?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

In the criminal law world, the term “probable cause” is heard often. Perhaps you have heard it in crime movies or police shows as well, but have never really understood its meaning. Well today, we will discuss the meaning of probable cause in the criminal justice world, and how it can play a role in a person’s criminal charge and subsequent conviction. Use this information to protect yourself from an arrest in the future.

A Legal Standard

There are several factors that influence an officer’s level of authority in a situation, but probable cause is one that plays a major role. Probable cause is a legal requirement that must be present or met in order for a police officer to make an arrest, conduct a search (personal or property), or obtain a warrant. Probable cause is facts or evidence surrounding a situation that would lead a “reasonable” person to believe a suspect has committed a crime. Indiana Code § 35-33-1-1 fully-outlines the details of this legal standard.

Examples of Probable Cause

The most common examples of probable cause start with our senses. If a police officer sees, hears, or smells anything that is a sign of a particular crime, they may use it as probable cause. For instance, if a police officer stops a vehicle for a routine traffic violation, perhaps a burnt-out tail light, they can proceed with an investigation if they see an open alcoholic container in the driver’s cup holder. In the same scenario, if the officer smells a strong scent of marijuana or other drug, they can also use that evidence as probable cause to search the vehicle.

In another example, if a tells the police officer that they had a few drinks at the bar, the cop could use that information as probable cause to breath test or implement a field sobriety test. Scenarios that are not considered probable cause include speeding, broken taillights, expired vehicle registration, loosened or crooked license plate, and other routine traffic violations. Also, in order for a police officer to search your private property, they must have a search warrant. However, police do not need a search warrant to search your vehicle if they have sufficient probable cause to do so.

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 if you are facing criminal charges in Indianapolis, Indiana or its surrounding counties. He provides aggressive criminal defense, and will fight for your rights, and stop at nothing to protect your freedoms. Call 317-636-7514 to schedule a free initial consultation today.

Tips for Avoiding Arrest at the Indianapolis 500 Race Track

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

It’s that time of year again when race fans from all across the country flock to the Indianapolis Motor Speedway for the annual Indy 500 race and the events surrounding its return. But this year is extra special since it marks the race’s 100th anniversary. Hoosiers have already enjoyed watching the qualifications and taking part in the Armed Forces Pole Day, but we still have the Indianapolis 500 parade and Carb Day to look forward to before the actual race. And although the outcome of the race is unpredictable, the
activities that will take place at the track aren’t.

Every year, the excitement and universal comradery is generally accompanied by a copious amount of grilling out, eating food, and of course, drinking cold beverages, namely alcoholic ones. In fact, Race Day is well-known in the Indianapolis law enforcement circles as one of the highest arrest days of the year. A combination of under-age drinking, public intoxication, disorderly conduct, and even drunk driving are all repeat crimes seen by police every year. If you and your friends are planning a big celebration at the track this year, be sure to review some helpful tips that can prevent an untimely arrest on Race Day.

Public Intoxication and Other Alcohol Related Crimes

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Although it is perfectly legal to be intoxicated in public, it is at the discretion of the police officer to determine if a person’s intoxication is a danger or annoyance to themselves or others. For this reason, it is best to act appropriately when drinking in public to avoid being profiled by police. In fact, you might as well accept the fact that you and your group WILL BE profiled by police at the race. That is their job and it is how they keep the track safe and fun for everyone.

Here are some behaviors to avoid so you can avoid being arrested for a PI or other alcohol-related crime, including disorderly conduct, driving under the influence, under-age drinking, and more.

AVOID…

Under-age drinking. Parents of teenagers that are attending the race should discuss the dangers of under-age drinking with their kids. They should also do what they can to make sure their kids and their friends are being safe at the track. Provide rides if you can, and double-check backpacks, coolers, water bottles, and pant-pockets for hidden or disguised alcohol. They will even hide it in their waistbands and underwear. And also call them, or have them check-in, every so often to ensure they are still safe and behaving responsibly. There are thousands of people that attend this race, so you can never be too sure with your teens.

Over-drinking. It is fun to drink alcohol and relax with friends, but it is not fun to be overly-intoxicated. This takes away from your pleasure, as well as, the pleasure of others. But most importantly, it is dangerous. Always drink plenty of water, and an additional water between each alcoholic beverage. This will allow you to feel relaxed and have fun, while also staying alert for the entire day. After all, you want to remember the race!

Drinking and driving. Just two beers or cocktails can put a person over the legal limit. If you plan to “pre-party” before heading down to the track, always designate a sober driver. There will be DUI checkpoints, and the risk of putting yourself, your passengers, and other drivers in danger is not worth it. Once you are at the track, be sure to set up a sober driver for the way home, or plan to take an Über or taxi.

Aggressive or rambunctious behavior. If you are acting in a way that is alarming, annoying, or unsafe for others, or unsafe for yourself, you can be arrested for public intoxication. If you are not drinking, you can still be arrested for disorderly conduct. This also includes starting fights, using an abundance of foul language, making threats, aimlessly wandering around, bothering other patrons, and any other behaviors that are not comfortable for others or safe.

J-walking and other pedestrian infractions. One of the most prevalent offenses that takes place every year involves simple pedestrian laws. Just be sure to abide by all the pedestrian walking laws so you do not bring attention to yourself and your group. Remember, these laws are in place to keep people safe.

Stumbling, swerving, and swaying. If a police officer notices that a person is not walking straight, slurring their words, or falling asleep, they will assume they are intoxicated. And they could make an arrest. Be sure to walk straight, do not slur your words, and remain composed to avoid a public intoxication charge.

Urinating in public. It sounds obvious, but after a handful of drinks, a person might think it’s okay to relieve themselves in a public area other than a restroom or port-o-potty. This is a big No-No. If you choose this behavior and a cop sees you, you will surely be arrested on the spot if you are drunk. If you are sober, they will issue you a citation that will obligate you to show for court, pay a fine, or both.

Tips for Handling an Arrest

If you are faced with an arrest on Race Day, do not fear. Most public intoxication charges are misdemeanors that come with no jail time. You will simply be taken to jail to “sleep it off” and released the next day. The best thing you can do once you are approached by a police officer is tell the truth and cooperate. They will make the process easier and more comfortable for you if you do the same for them. After you are released from jail, consult an experienced criminal defense attorney before pleading guilty or no contest to a judge. They can possibly get your charges reduced, dismissed, or expunged if you are willing to complete educational courses, rehabilitation, or other similar programs.

Arrested at the Indy 500?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with an alcohol-related crime in Indianapolis, Indiana. He is a seasoned and aggressive criminal defense lawyer that can build you a powerful and impactful defense against your criminal charges. If you are arrested at the Indy 500, or in Speedway, IN, call 317-636-7514 for Indianapolis criminal defense you can trust.

Types of Specialized Criminal Courts in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

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

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

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

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

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

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

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

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

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

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?

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.

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

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 Criminal Defense Attorney

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?

Indianapolis Criminal Defense Attorney 317-636-7514

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 Criminal Defense Attorney

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

Juvenile Criminal Lawyer 317-636-7514

Juvenile Criminal Lawyer 317-636-7514

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

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

Heroin Defense Lawyer 317-636-7514

Heroin Defense Lawyer 317-636-7514

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

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.