Understanding the Process of Criminal Indictments

Posted on January 2, 2024 by admin

A criminal indictment is a serious matter that can have profound implications on an individual’s life, freedom, and future. This legal process might seem daunting and complicated to comprehend, especially without prior knowledge or experience in the criminal justice system.

In this blog post, we will break down the process of criminal indictment, explain how arrest warrants come into play, and emphasize the importance of hiring a capable criminal defense lawyer. The purpose of this discussion is not to cause alarm, but to educate and provide a pathway through the complexities of the legal landscape.

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What is a Criminal Indictment?

A criminal indictment is a formal accusation, made by a grand jury, that an individual has committed a crime. This process is initiated by the prosecutor, who presents evidence and arguments to the grand jury. The grand jury then decides whether there is enough evidence to charge the accused with a crime and issue an indictment. If indicted, the accused becomes a defendant in a criminal case and must appear in court to face charges.

The Criminal Indictment Process

The process of criminal indictment begins with an investigation by law enforcement agencies. If evidence suggests that an individual has committed a crime, the prosecutor will present the findings to a grand jury. The grand jury will then review the evidence and determine if there is enough probable cause to issue an indictment. If the grand jury decides there is sufficient evidence, they will return a “true bill” and the indictment will be issued. At this stage, it is essential that the defendant is aware of the charges against them, and this is where the notification process comes into play.

Typically, a defendant will be notified of their criminal indictment by receiving a copy of the indictment, which outlines the charges against them and the scheduled court date. If the defendant fails to show up for their court hearing, an arrest warrant may be issued, which could lead to further legal consequences. It is important for defendants to take indictments seriously and ensure they are fulfilling their legal obligations, as ignoring these can lead to a worsening of the situation and potentially more severe legal repercussions.

Arrest Warrants and their Relation to Indictments

When a person is indicted, it means that there is enough evidence to charge them with a crime. This typically leads to their arrest and the issuance of an arrest warrant. An arrest warrant is a document that authorizes law enforcement to take the indicted individual into custody and bring them before the court to face charges. This process usually involves the defendant being booked, fingerprinted, and photographed.

The Importance of Hiring a Criminal Defense Lawyer

Being indicted on criminal charges is a serious matter that requires immediate attention and legal representation. It is crucial to hire a capable criminal defense lawyer who understands the complexities of the legal system and can provide effective representation. A skilled lawyer will help you understand the charges against you, explain your options, and advocate for your best interests. They will also handle all communication with the prosecutor’s office, gather evidence, and build a strong defense on your behalf.

Conclusion

Being indicted on criminal charges can be a stressful and confusing experience. However, with an understanding of the criminal indictment process, the role of arrest warrants, and the importance of hiring a competent criminal defense lawyer, you can navigate through this challenging time with confidence. Remember, if you or someone you know is facing criminal charges, it is essential to seek legal advice immediately to protect your rights and ensure a fair trial. So, always make informed decisions and trust the expertise of a knowledgeable criminal defense lawyer to guide you through this difficult process.

If you or your loved one has been charged with this crime or any other, get in touch with us immediately. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Frequently Asked Questions About Warrants

Posted on July 8, 2022 by admin

Being served, or worse, surprised by a warrant is not a pleasurable experience. Whether you are a hardened, street-smart convict or a first-time offender, the discovery of a warrant will most certainly invoke some relevant questions. If you are facing a bench warrant, arrest warrant, or search-and-seizure warrant, it is wise to educate yourself as much as possible before you mistakenly make your legal matters worse.

Scroll down to review some frequently asked questions about warrants, including what your first steps should be after learning of one for yourself for a loved one.

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FAQS About Warrants

What is an Arrest Warrant?

There are two main types of warrants: arrest warrants and bench warrants. An arrest warrant is an official order made by a judge and handed over to law enforcement demanding the immediate arrest of the defendant named in the document. A bench warrant is less serious as it does not require your arrest. Instead, bench warrants request your attendance on the “judge’s bench” for the purpose of handling certain legal matters. These are commonly used in divorce proceedings, custody hearings, and for witness testimony.

Do I Have to Go to Jail For a Bench Warrant?

No, you are not required to surrender to the jail for a bench warrant. Instead, follow the instructions on the documents sent to you. There should be information on when you are requested to appear in court or mediation. If you do not cooperate with the bench warrant, you could face civil or legal penalties, like fines.

How are Arrest Warrants Served?

There are several ways an arrest warrant can be satisfied or served. In many cases, the defendant named in the warrant will have a run-in with police, and when the police draw up their records, they will see the warrant and arrest the individual on the spot. This can happen during a routine traffic stop, even if the cop is just warning you about a burnt out taillight.

Other times, law enforcement will make a house visit or show up at the defendant’s last known place of employment. There, they will serve the defendant and apprehend them on the spot. Sometimes, police will allow a cooperative individual to simply follow them to the station for a surrender, rather than being cuffed and escorted in the police car.

What Should I Do if I Think I Have a Warrant Out for My Arrest?

You can use a free, online database to search for arrest warrant records. Simply type in your name and date of birth to see if there is an active warrant in your name. It should be able to provide state-wide results, showing warrants in all counties you are wanted in. You can also contact a local bail bondsman or criminal defense attorney for professional warrant lookup assistance. These tend to be the most reliable sources for warrant information. You could also call the Department of Motor Vehicles or courthouse directly.

How Do I Surrender to an Arrest Warrant?

If you have a warrant out for your arrest, it is vital that you turn yourself into authorities at the local police station in the county denoted on your warrant document. If you fail to surrender to an arrest warrant, you will be considered a fugitive of the law. It is recommended to contact the jail beforehand to get detailed instructions on where to park, where to enter the building, what to bring, and so on. In most cases, you can get in and out in a couple of hours.

Do I Need a Lawyer for an Arrest Warrant?

Although it is not required by law, it is strongly encouraged to hire an Indianapolis criminal defense attorney to help you during and after your arrest warrant surrender. They will ensure that you are not held in jail longer than you need to be, plus they can begin working on your defense to reduce your charges and subsequent penalties.

What Makes a Search Warrant Valid?

All search warrants must be filed in good faith by a law enforcement officer, and they must include reliable evidence that shows probable cause to search a premises. Aside from this fundamental requirement, a valid search warrant will have 3 specific elements: a magistrate’s signature, a description of the premises to be searched, and a description of the items to be seized.

Can I Refuse a Search and Seizure if Police Have a Warrant?

There are several intricacies involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights.

Are you looking for legal assistance regarding arrest warrants and similar criminal matters in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for arrest warrants in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

Do I Need to Hire a Lawyer for an Arrest Warrant?

Posted on April 27, 2022 by admin

Arrest warrants are not as confusing as they may seem at first. Once you start exploring your options for turning yourself in to authorities, you will feel better about the process. After all, knowing what to expect is a great strategy for decreasing anxiety about any kind of pressing legal matter. Regardless of how straightforward arrest warrants tend to be, you may still have some questions. One of the most common questions about arrest warrants has to do with hiring a lawyer.

Continue reading to learn about hiring a criminal defense lawyer for assistance with an arrest warrant in Indiana, plus which law firm to trust for a fast and secure surrender.

How to Check for Arrest Warrants

There are many ways to discover an arrest warrant for your own arrest. The worst way is to be stopped by police, which commonly happens during routine traffic stops, DUI checkpoints, and similar police encounters. In these scenarios, the police immediate arrest and detain the suspect and bring them into jail. There is no time to make any phone calls, park your car, pay your tab, or anything else for that matter. You are simply arrested on the spot.

Another way arrest warrants are brought to one’s attention is by in-person police execution. This means that a uniformed officer will show up at a person’s place of residence or employment execute a warrant. They can also show up at your kid’s school, gym, and any other place you are known to be.

Sometimes, defendants are notified by conducting a warrant search on themselves. If you suspect that you have an active or outstanding warrant out for your arrest, verify this gut feeling with a certified arrest warrant lookup service. These are free and available online via several different government websites and portals.

Hiring a Lawyer for an Arrest Warrant

The best way, and it is the best because it is the most secure and can eliminate the need to turn yourself in altogether, is to hire an Indianapolis criminal defense lawyer to represent your charges. Your criminal defense lawyer can confirm if you indeed have an open warrant issued for your arrest, and quite possibly, have the warrant recalled. This would mean that you would not longer be wanted nor surrender to the jail.

A criminal defense attorney can file a motion with the court to have your arrest warrant recalled or for a combined bond review and warrant surrender. Otherwise, you would just turn yourself in and bail yourself right out.

Are you currently facing an arrest warrant in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled and friendly criminal defense in Indianapolis, Indiana. We represent adults and juveniles in all criminal cases.

What to Do if You Just Found Out About Your Arrest Warrant

Posted on August 23, 2019 by admin

Arrest warrants are serious court orders, but they are nothing to worry about so long as you choose the proper recourse. You never want to ignore an arrest warrant, because the legal circumstances surrounding the order will only worsen as time goes on. So the sooner you deal with a warrant, the less severe your penalties are likely to be.

If you just discovered that you have an arrest warrant in your name, continue reading to learn exactly what you need to do to protect your rights and preserve your freedoms.

Arrest Warrants in Indiana

An arrest warrant is a legal court order that orders your arrest on contact. Once a warrant is issued, all local law enforcement is immediately notified through a universal database to arrest you on the spot. Police can come looking for you at home, work or school, or even while you’re out with friends. For less serious offenses and infractions, police are not likely to come after you. Instead, you can get arrested on the spot during a routine traffic stop, or during any other type of police encounter that requires law enforcement to scan your name in their database.

If this happens, you will be arrested on the spot; even if you were just pulled over for having a taillight out. As soon as the cop runs your license through their system, the warrant will appear, and they have no other choice but to detain you on the spot and take you directly to jail. If you are pulled over in a traffic stop, your car will be towed to the nearest impound lot, and you will have to pay to get it out later.

Being arrested on the spot or hunted down by police for an arrest warrant is not an ideal situation. Nor do you do not want your warrant to turn outstanding. The legal consequences for ignoring or procrastinating on an arrest warrant are exponential, so you must deal with a warrant as soon as possible to make your life easier. Courts are not lenient on those who intentionally evade a warrant, so do the right thing and get your legal process in motion.

What You Need to Do

As soon as you become aware of an arrest warrant, or even a bench warrant, your first step is to hire a licensed Indianapolis criminal defense lawyer. From there, your lawyer will manage all aspects of your arrest warrant, which will eventually involve your physical surrender to the jail. Although you will actually have to turn yourself in and be arrested, with a lawyer handling your case, you will not have to stay in jail very long. In most cases of arrest warrant surrenders, defendants are in and out in as little as one hour.

Where to Get Help With Your Arrest Warrant

Contact David E. Lewis, Attorney at Law, at 317-636-7514 for help managing your arrest warrant in Indiana. Not only can he get you out of jail quickly, he will build a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

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The Difference Between Arrest Warrants and Bench Warrants

Posted on October 19, 2018 by admin

When the state has valid evidence that a person has committed a crime, a warrant will be issued for their arrest. In other circumstances, a person may be issued a warrant for something other than their arrest, such as a bench warrant, which is still equally important and pressing.

Continue reading to learn the difference between arrest warrants and bench warrants, including what you need to do as a recipient of one.

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After a warrant is issues, the local police are notified, the Department of Motor Vehicles is alerted, and online databases are updated to inform the public of the notice. In terms of arrest warrants, you need to turn yourself in to authorities at the local police station as soon as possible; otherwise, you are considered a fugitive of the law. Bench warrants do not require jail time, but they do require a certain level of action.

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 an Indiana criminal defense 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.

Do You Have Questions About Your Warrant?

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Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your warrant with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

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