Acquittal vs. Not Guilty: What’s the Difference?

When you hear that someone has been found “not guilty” in an Indiana court, you might assume it’s the same as being acquitted. While these terms are often used interchangeably in everyday conversation, they have distinct legal meanings. Understanding the difference is crucial for anyone facing criminal charges or interested in the legal process.

An acquittal and a “not guilty” verdict both mean the defendant is free to go, but they arise from different stages of the legal journey and have unique implications. This post will explore the precise definitions of these terms in Indiana law, explain their similarities and differences, and discuss what each outcome means for a defendant’s future.

Call 317-636-7514 if You are Aiming for an Acquittal in Court in Indianapolis Indiana
Call 317-636-7514 if You are Aiming for an Acquittal in Court in Indianapolis Indiana

Defining the Terms: Acquittal vs. “Not Guilty”

In the Indiana legal system, the distinction between an acquittal and a “not guilty” verdict can be subtle but significant.

  • An acquittal is a formal declaration that a person is not guilty of a crime. This can happen in two ways: a judge can issue an acquittal if they determine the evidence is legally insufficient, or a jury can return a “not guilty” verdict after a trial.
  • A “not guilty” verdict is the specific finding by a jury (or a judge in a bench trial) that the prosecution has failed to prove the defendant’s guilt beyond a reasonable doubt. This verdict results in an acquittal.

Essentially, a “not guilty” verdict is one path to an acquittal. Every “not guilty” verdict leads to an acquittal, but not every acquittal comes from a jury’s verdict.

The Path to an Acquittal in Indiana

An acquittal is a powerful legal shield. It signifies that the state has not met its high burden of proof. Let’s look at how this happens.

Directed Verdict by a Judge

Sometimes, a defense attorney can file a “motion for a directed verdict” after the prosecution has presented its case. If the judge agrees that the prosecution’s evidence, even if entirely true, is insufficient to convict the defendant, they can grant the motion. This results in an acquittal without the case ever going to the jury. It’s a judgment based on the law, stating that no reasonable jury could find the defendant guilty based on the evidence presented.

“Not Guilty” Verdict by a Jury

The more commonly known path is a “not guilty” verdict from a jury. After hearing all evidence from both the prosecution and the defense, the jury deliberates. Based on the Indiana Rules of Evidence and specific jury instructions, they must unanimously agree that the prosecution has not proven every element of the crime beyond a reasonable doubt. If they reach this conclusion, they return a “not guilty” verdict, which legally finalizes the acquittal.

It’s important to understand a common misconception here: a “not guilty” verdict does not mean the defendant is factually innocent. It simply means the prosecution failed to meet its legal burden.

The Impact of an Acquittal or “Not Guilty” Verdict

Both outcomes have profound and immediate consequences for the defendant.

Freedom and Double Jeopardy

The most significant result is the defendant’s freedom. They cannot be punished for the crime they were charged with. Furthermore, the Fifth Amendment of the U.S. Constitution and the Indiana Constitution provide protection against double jeopardy. This means the government cannot retry a person for the same crime after an acquittal. The prosecution cannot appeal an acquittal, making it a final and binding decision.

Civil vs. Criminal Cases

An acquittal in a criminal case does not prevent the defendant from being sued in a civil court for the same act. The O.J. Simpson case is a famous example. He was acquitted of murder in criminal court but later found liable for wrongful death in civil court. This is possible because the burden of proof is lower in civil cases (“preponderance of the evidence”) than in criminal cases (“beyond a reasonable doubt”).

Clearing Your Record

Another common misconception is that an acquittal automatically erases your criminal record. The arrest and charges will still appear. To have these records sealed from public view, you must file for expungement. In Indiana, individuals who have been acquitted or had their charges dismissed are typically eligible for expungement one year after the arrest or charges were filed. This is a separate legal process that requires petitioning the court.

Talk to Our Criminal Defense Attorneys For Free!

Dropped Charges vs. Dismissal: Another Key Distinction

While discussing court outcomes, it’s helpful to understand “dropped charges” and “dismissed charges.”

Dropped Charges

This happens when the prosecutor decides to stop pursuing the case, often before a trial begins. This can be due to new evidence, a witness becoming uncooperative, or as part of a plea agreement for other charges.

Dismissal

A judge dismisses a case, which can happen for various reasons, such as a violation of the defendant’s constitutional rights or a lack of evidence. A dismissal with prejudice means the case is permanently closed and the charges cannot be refiled. A dismissal without prejudice allows the prosecutor to refile the charges later if new evidence emerges.

An acquittal is different from a dismissal because an acquittal is a determination on the merits of the case after a trial or a judicial review of the evidence. A dismissal often happens for procedural reasons before the facts of the case are fully presented.

FAQ’s About Acquittals

What does an acquittal mean in legal terms?

An acquittal is a formal legal judgment that the defendant is not guilty of the charges brought against them. It usually results from a trial where the prosecution fails to prove the case beyond a reasonable doubt.

Is an acquittal the same as a finding of innocence?

Not necessarily. An acquittal means there was insufficient evidence to convict, but it does not always equate to a finding of factual innocence.

Can someone be retried after an acquittal?

No. Under the principle of double jeopardy, an individual cannot be tried again for the same offense after an acquittal.

What happens to the record after an acquittal?

The charges remain part of the legal record, but the acquittal indicates that the defendant was not convicted of the crime. Depending on local laws, individuals may pursue expungement to remove the charges from their record.

Navigating Your Legal Journey

Understanding the nuances between an acquittal, a “not guilty” verdict, and a dismissal is far more than just a theoretical lesson in legal terminology; it delves into the core of how justice is administered. For someone facing criminal charges in Indiana, these distinctions represent profoundly different legal pathways, each carrying life-altering implications for their future and freedom.

Each outcome – whether it’s an acquittal, a “not guilty” verdict, or a dismissal – is not merely a technicality but a critical turning point. Its determination hinges on the specific facts and circumstances of the individual case, the compelling strength of the evidence presented by both the prosecution and the defense, and, crucially, the strategic legal approach diligently employed by experienced counsel.

Navigating these complex legal landscapes requires a clear understanding of what each outcome signifies and how it can shape one’s journey through the criminal justice system.

If you or a loved one are facing criminal charges, you need a knowledgeable Indiana criminal defense attorney who can protect your rights and fight for the best possible outcome. Don’t navigate this complex process alone. Contact Our Office Today for a free, confidential consultation to discuss your case and learn how we can help.

Place a Direct Call Now

Related Post: Are Dropped Charges the Same as Dismissed Charges?

Arrested for Employee Theft in Indianapolis? Here’s What You Need to Know

Being accused of employee theft can turn your world upside down in an instant. One moment you’re going about your workday, and the next, you’re facing serious criminal charges that could impact your career, reputation, and freedom. If you’re an employee in Indianapolis facing theft allegations, understanding your legal situation is crucial for protecting your rights and future.

Employee theft charges carry significant consequences under Indiana law, including potential jail time, hefty fines, and a permanent criminal record. However, being accused doesn’t mean you’re automatically guilty. With proper legal representation and a solid understanding of your rights, you can build an effective defense strategy.

This guide will walk you through everything you need to know about employee theft charges in Indianapolis, from understanding what constitutes theft to building a strong defense with an experienced criminal defense attorney.

Call 317-636-7514 if You are Looking for an Employee Theft Lawyer in Indianapolis Indiana
Call 317-636-7514 if You are Looking for an Employee Theft Lawyer in Indianapolis Indiana

Understanding Employee Theft Under Indiana Law

Employee theft encompasses various illegal activities that involve taking or misusing an employer’s property, money, or resources. Under Indiana’s criminal code, these actions typically fall under several categories of theft crimes, including larceny, embezzlement, and fraud charges.

Common forms of employee theft include:

  • Cash theft: Stealing money directly from registers, safes, or deposits
  • Inventory theft: Taking merchandise, supplies, or equipment
  • Time card fraud: Falsifying hours worked or clocking in for others
  • Embezzlement: Misappropriating funds entrusted to your care
  • Credit card fraud: Unauthorized use of company credit cards
  • Data theft: Stealing confidential information or trade secrets

The National Association for Shoplifting Prevention reports that employee theft costs U.S. businesses approximately $50 billion annually, making it a priority for law enforcement and prosecutors. This means authorities often pursue these cases aggressively, even for relatively small amounts.

Legal Ramifications in Indianapolis

Indiana classifies theft offenses based on the value of stolen property and other aggravating factors. Understanding these distinctions is essential because penalties vary significantly depending on the classification.

  • Class A Misdemeanor Theft applies when the value is less than $750. Penalties include up to one year in jail and fines up to $5,000.
  • Level 6 Felony Theft occurs when the value ranges from $750 to $50,000, or involves theft from a person’s body. This carries 6 months to 2.5 years in prison and fines up to $10,000.
  • Level 5 Felony Theft applies when the value exceeds $50,000 or involves certain aggravating circumstances. Penalties include 1 to 6 years in prison and fines up to $10,000.
  • Grand larceny charges may apply for high-value thefts, carrying even more severe penalties.

Additionally, Indiana’s legal system emphasizes restitution, ensuring victims receive compensation for their losses. Courts often consider voluntary restitution favorably during sentencing, potentially reducing penalties or influencing plea negotiations.

Common Scenarios Leading to Arrest

Employee theft arrests often result from specific situations that employers and law enforcement consider particularly serious violations of trust.

Inventory discrepancies frequently trigger investigations. When regular audits reveal missing merchandise or supplies, employers may review security footage, conduct interviews, and involve police if they suspect specific employees.

Timecard fraud has become increasingly common with digital time-keeping systems. Employees who clock in early, stay late without authorization, or manipulate their hours face potential larceny charges, especially when the fraudulent time adds up to significant monetary amounts.

Cash handling violations represent another frequent source of arrests. This includes shortages in registers, unauthorized voids or refunds, and failing to record sales properly. Even small amounts can accumulate into felony-level charges over time.

Corporate credit card misuse often leads to white collar crime charges. Personal purchases, unauthorized business expenses, or using company cards for family members can result in embezzlement penalties that extend far beyond simple reimbursement.

What to Do If Arrested for Employee Theft

The moments following an arrest are critical for protecting your legal rights and building an effective defense. Your actions during this time can significantly impact your case’s outcome.

Exercise your right to remain silent. While you may feel compelled to explain your side of the story, anything you say can be used against you in court. Politely decline to answer questions without an attorney present, even if the questioning seems friendly or informal.

Request a criminal defense attorney immediately. Don’t attempt to handle these charges alone, regardless of how minor they may seem. An experienced theft lawyer understands the nuances of Indiana law and can protect your rights from the very beginning.

Understand the booking process. After arrest, you’ll be processed at the jail, which includes fingerprinting, photographing, and completing paperwork. This process can take several hours, but remaining calm and cooperative will serve you better than becoming confrontational.

Prepare for your initial court appearance. Your arraignment typically occurs within 48-72 hours of arrest. During this hearing, the judge will inform you of the charges, set bail, and schedule future court dates. Having legal representation at this stage is invaluable.

Request a Free Case Review Today!

Building a Strong Defense Against Employee Theft Charges

Successfully defending against employee theft allegations requires a strategic approach tailored to your specific circumstances. Several defense strategies may apply to your case, depending on the evidence and circumstances surrounding the charges.

Lack of intent represents one of the most common defenses in theft cases. Indiana law requires prosecutors to prove you intended to permanently deprive your employer of their property. If your actions were unintentional mistakes, administrative errors, or misunderstandings, this could form the basis of your defense.

Mistaken identity becomes relevant when multiple employees had access to the allegedly stolen items or when security footage is unclear. Your attorney may argue that someone else committed the theft and you were wrongfully accused.

Insufficient evidence challenges the prosecution’s ability to prove guilt beyond a reasonable doubt. This defense examines whether the evidence truly supports the charges or if reasonable explanations exist for the discrepancies your employer discovered.

Coercion or duress may apply if you were forced to commit theft under threat of harm to yourself or others. While less common, this defense can be effective when properly documented and presented.

Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t have otherwise committed. This defense requires careful analysis of how the investigation unfolded.

Voluntary restitution isn’t technically a defense, but it demonstrates good faith and may influence prosecutors’ willingness to negotiate reduced charges or alternative sentencing options.

The Importance of Experienced Legal Representation

Employee theft cases involve complex legal and procedural issues that require specialized knowledge of criminal defense law. An experienced criminal defense lawyer can evaluate the evidence against you, identify weaknesses in the prosecution’s case, and develop strategies tailored to your situation.

Your attorney will examine how evidence was gathered, whether your rights were violated during the investigation, and if alternative explanations exist for the alleged theft. They’ll also negotiate with prosecutors on your behalf, potentially securing reduced charges, alternative sentencing, or even dismissal in cases with insufficient evidence.

Remember that prosecutors must prove every element of theft beyond a reasonable doubt. An skilled theft lawyer understands exactly what the prosecution must prove and how to challenge their evidence effectively.

In Summary

Facing employee theft charges doesn’t have to define your future, but the decisions you make now will significantly impact the outcome of your case. Understanding your rights, working with qualified legal counsel, and approaching your defense strategically gives you the best chance of achieving a favorable resolution.

The consequences of employee theft convictions extend far beyond immediate penalties. A criminal record can affect your ability to find employment, obtain professional licenses, secure housing, and even impact personal relationships. However, with proper legal representation, many individuals successfully defend against these charges or negotiate outcomes that minimize long-term consequences.

If you’re facing fraud or employee theft charges in Indianapolis, don’t wait to seek legal assistance. Contact experienced criminal defense attorney, David E. Lewis, to discuss your theft case and begin building your defense. The sooner you act, the better positioned you’ll be to protect your rights and your future.

Call Now to Book a Free Consultation

Related Post: Were You Charged With Misdemeanor or Felony Theft in Indiana?

Lying Under Oath in Indiana: What You Need to Know

Standing before a judge or during a deposition, the weight of truth becomes paramount. When you raise your right hand and swear to tell the truth, the legal system places its trust in your honesty. But what happens when that trust is broken? Lying under oath in Indiana carries serious consequences that extend far beyond the courtroom.

Understanding perjury laws in Indiana criminal court is essential for anyone who may find themselves giving witness testimony or participating in legal proceedings. The state takes false statements under oath seriously, and the penalties can be life-altering. Whether you’re facing potential charges or simply want to understand your legal obligations, this guide will walk you through everything you need to know about perjury in Indiana.

Call 317-636-7514 if You Were Just Indicted for a Lying Under Oath Charge in Indianapolis
Call 317-636-7514 if You Were Just Indicted for a Lying Under Oath Charge in Indianapolis

What Constitutes Perjury in Indiana?

Perjury is a serious crime in Indiana, defined by Indiana Code 35-44.1-2-1 as “making a false, material statement under oath or affirmation, knowing the statement is false or not believing it to be true.” This definition encompasses several key elements that prosecutors must prove beyond a reasonable doubt.

The crime requires three essential components: the statement must be false, it must be material to the proceeding, and the person making the statement must know it’s false or not believe it to be true. Each element plays a crucial role in determining whether lying under oath consequences will apply.

Understanding “Under Oath” in Indiana Criminal Law

The phrase “under oath” extends beyond traditional courtroom settings. According to Indiana law, “under oath” includes statements made in court, depositions, affidavits, and other sworn documents or proceedings. This broad definition means perjury charges can arise in various legal contexts.

Common situations where oath taking occurs include:

  • Court testimony during criminal or civil trials
  • Depositions in civil litigation or criminal investigations
  • Sworn affidavits submitted as evidence
  • Statements to law enforcement when given under oath
  • Administrative hearings requiring sworn testimony

Understanding these various contexts helps clarify when your statements carry the weight of oath laws and potential perjury liability.

What Makes a Fact “Material”?

A “material fact” is a fact that could substantially affect the course or outcome of a legal proceeding. This definition is broader than many people realize, encompassing seemingly minor details that could influence a judge or jury’s decision.

Consider these scenarios where lying under oath charges might apply:

Criminal Trial Example: A witness lies about their location during a crime, providing a false alibi for the defendant. Even if other evidence exists, this false statement could materially affect the jury’s assessment of the defendant’s guilt.

Civil Litigation Example: During a personal injury lawsuit, a plaintiff lies about their pre-existing medical conditions. This false statement could materially affect the damages awarded, making it grounds for perjury charges.

Family Court Example: A parent lies about their income during child support proceedings. This false information directly impacts the court’s financial calculations and constitutes material information.

The key point is that you don’t need to lie about the central issue in a case. Any false statement that could reasonably influence the proceeding’s outcome may be considered material.

Contact Us for a Free Case Review

Penalties for Perjury in Indiana

The penalties for perjury in Indiana may include imprisonment for a term of years and substantial fines, depending on the severity and circumstances of the offense. Indiana classifies perjury as a felony, reflecting the serious nature of lying under oath in criminal court proceedings.

Factors that can influence lying under oath punishment include:

  • The significance of the false statement to the case outcome
  • Whether the perjury occurred in a felony or misdemeanor proceeding
  • The defendant’s criminal history
  • Whether the false statement was spontaneous or premeditated

Beyond immediate criminal penalties, a perjury conviction creates a permanent criminal record that can affect employment opportunities, professional licenses, and personal reputation for years to come.

Defenses Against Perjury Charges

While perjury is a serious offense, valid defenses exist. Defenses against perjury charges may include demonstrating that the statement was not material, that the person did not know the statement was false, or that the statement was recanted before it substantially affected the proceeding.

  • Lack of Knowledge: If you genuinely believed your statement was true when you made it, you may have a defense. Perjury requires knowledge of falsity or lack of belief in the statement’s truth.
  • Immaterial Statement: If the false statement couldn’t reasonably affect the proceeding’s outcome, it may not constitute perjury under Indiana law.
  • Recantation: While not a complete defense, correcting a false statement before it substantially affects the proceeding may mitigate charges or penalties.
  • Ambiguous Questions: Sometimes false statements result from unclear or ambiguous questions rather than intent to deceive.

It’s important to note that ignorance is not a valid defense. Claiming you didn’t understand the importance of telling the truth under oath will not protect you from perjury charges.

Long-Term Impact of Perjury Convictions

A perjury conviction carries consequences that extend far beyond criminal penalties. The impact touches multiple aspects of your life, often for years after serving any sentence.

  • Professional Consequences: Many professions require licenses that can be revoked or suspended following a perjury conviction. Lawyers, healthcare professionals, financial advisors, and others may face career-ending consequences.
  • Employment Challenges: Background checks will reveal the conviction, potentially limiting job opportunities across various industries.
  • Immigration Issues: Non-citizens may face deportation or inability to naturalize based on perjury convictions.
  • Future Legal Proceedings: A perjury conviction can be used to impeach your credibility in future legal matters, making it harder to be believed if you need to testify again.
  • Personal Relationships: The stigma of being convicted for lying under oath can strain personal and professional relationships.

Frequently Asked Questions

Can I be charged with perjury if I correct my false statement immediately?

Recanting a false statement may help mitigate charges, but timing matters significantly. If you correct yourself before the false statement substantially affects the proceeding, it may serve as a defense. However, waiting until after being confronted with evidence of your lie typically won’t provide protection.

What if I made a mistake rather than intentionally lied?

Honest mistakes don’t constitute perjury. The law requires knowledge that your statement is false or lack of belief in its truth. However, distinguishing between honest mistakes and intentional lies can be challenging in court.

Are there time limits for charging someone with perjury?

Yes, Indiana has statutes of limitations for perjury charges. However, these time limits can be complex and may depend on when the false statement was discovered rather than when it was made.

Protecting Yourself: When to Seek Legal Advice

If you’re facing potential perjury charges or believe you may have made a false statement under oath, consulting with a criminal defense attorney immediately is crucial. Early intervention can make a significant difference in the outcome of your case.

Consider seeking legal advice if:

  • You’re being investigated for perjury
  • You’ve received notice that your testimony is being questioned
  • You realize you made a false statement during legal proceedings
  • Law enforcement has contacted you about statements you made under oath

An experienced criminal defense attorney can evaluate your situation, explain your rights, and develop the strongest possible defense strategy.

Take Action to Protect Your Future

Understanding the consequences of lying under oath in Indiana criminal court is the first step in protecting yourself. The state’s perjury laws are comprehensive and carry serious penalties that can affect your life for years to come.

Remember that oath laws exist to maintain the integrity of our legal system. When you take an oath, you’re making a solemn promise that courts and legal professionals rely upon to make important decisions.

If you’re facing perjury charges or have concerns about statements you’ve made under oath, don’t wait to address the situation. Seek legal advice today from Attorney David E. Lewis who can protect your rights and guide you through the legal process.

Speak With a Lawyer Now

Related Post: The Consequences of Committing Perjury

Hit and Run Accidents in Indiana: What You Need to Know

A traffic accident can be a stressful and worrying experience, but leaving the scene of an accident, known as a hit and run, can significantly exacerbate the situation. In Indiana, hit and run charges are taken seriously, whether the incident involves hitting a pedestrian or another vehicle. Understanding the consequences and ramifications of such actions is crucial.

This blog post aims to shed light on the key elements you need to know about hit and run accidents and subsequent charges in Indiana, providing valuable insight to help you navigate through potentially complicated legal situations.

Call 317-636-7514 if Facing Hit and Run Charges in Indianapolis Indiana
Call 317-636-7514 if Facing Hit and Run Charges in Indianapolis Indiana

What Constitutes a Hit and Run in Indiana?

In the state of Indiana, a hit and run is defined as leaving the scene of an accident without stopping and exchanging relevant information with the other involved parties. This includes accidents involving only property damage or personal injury to another person. The law requires all drivers involved in an accident to stop at the scene, provide their name, address, and vehicle registration number, and show their driver’s license upon request. Failure to do so can result in hit-and-run charges.

Hitting a Pedestrian

Hitting a pedestrian is one of the most severe types of hit and run accidents in Indiana. Pedestrians are incredibly vulnerable on the roads, making it crucial for drivers to exercise caution. In the event of a collision with a pedestrian, Indiana law requires drivers to stop immediately and provide assistance to the injured person, whether it be calling for medical help or providing first aid. Failing to do so can result in severe hit and run charges, including felony charges if the accident causes serious injury or death to the pedestrian.

Hitting a Car

Aside from hitting a pedestrian, such charges can also result from colliding with another vehicle. If you are involved in an accident with another car, Indiana law requires you to stop at the scene, exchange relevant information, and provide assistance if needed. Failing to do so can lead to criminal charges, depending on the severity of the damage caused by the collision. In addition to facing hit and run charges, you may also face civil liability for any damages or injuries caused by leaving the scene of the accident.

Penalties for a Hit and Run Conviction in Indiana

The penalties for hit-and-run crimes in Indiana vary depending on the severity of the accident. If no personal injury is involved, hit and run charges are considered a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $1,000. However, if the accident causes injury or death to another person, the charges can range from a Class A misdemeanor to a high level felony, with penalties ranging from one year in prison and fines of up to $10,000 for a Class A misdemeanor, to 8 years in prison and fines of up to $10,000 for a felony.

What to Do if You Commit a Hit and Run Accident

If you have been charged with a hit and run in Indiana, it is crucial to seek legal help as soon as possible. An experienced criminal defense attorney can review your case, advise you of your rights and options, and provide guidance throughout the legal process. Keep in mind that hit-and-run charges can have serious consequences, affecting not only your driving record but also your personal and professional life. Therefore, it is crucial to take them seriously and seek legal assistance to ensure the best possible outcome for your case.

In Summary

Hit and run charges in Indiana can have severe consequences, ranging from fines and jail time to potential felony charges. It is essential to understand what constitutes a hit and run, know the penalties involved, and take appropriate actions in case of an accident. Remember always to remain calm, stop at the scene, and provide assistance and information as required by law.

If you are facing hit and run charges, seek legal help to protect your rights and best interests. Contact the Law Office of David E. Lewis at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

Related Posts:

Frequently Asked Questions About Warrants
What to Do if You Just Found Out About Your Arrest Warrant
Criminal Defense Tips for Being Interviewed as a Suspect

Navigating the Legal System as a Defendant in a Criminal Case

Being accused of a criminal offense can be an overwhelming experience. Not only is your freedom at stake, but the legal system can be complicated and confusing. If you’re facing criminal charges, it’s important to understand what rights you have as a defendant and how to navigate the criminal justice system.

In this blog post, we will discuss the various steps involved in being charged with a crime and how best to defend yourself throughout each stage of the process. From understanding your rights during an arrest to filing appeals after sentencing, having knowledge about navigating through court proceedings is essential for protecting yourself from unjust or excessive penalties.

With proper guidance from experienced attorneys who specialize in criminal law, defendants can ensure that their interests are properly represented before they face any potential conviction or sentence imposed by the court. Continue below to get started.

Call 317-636-7514 For Trusted Criminal Attorney Services in Indianapolis IN
Call 317-636-7514 For Trusted Criminal Attorney Services in Indianapolis IN

Know Your Charges Inside and Out

First and foremost, it is important to understand the specific criminal charges that you are facing. Depending on the nature of the offense, you may face state or federal charges and different levels of criminal punishment. If you’re uncertain about what type of crime has been charged against you and its associated penalties, seek legal advice from experienced attorneys who specialize in criminal law. Knowing your rights before any arrest also pays dividends when it comes to defending yourself against potential criminal proceedings. For example, defendants have a right not to answer any questions by police officers during an arrest, as well as a right to consult with an attorney prior to making any statements regarding the case.

How to Prepare For a Court Hearing

When appearing for court proceedings, defendants should dress appropriately and follow courtroom etiquette, as well as be prepared to provide any valid excuses for missing court dates if necessary. Being respectful to the judge and other court personnel is also important in order to present a favorable impression to the court. Additionally, defendants should keep themselves updated with the progress of their case by reading all documents sent by their attorneys and attending all hearings when required. If requested, defendants can file motions or petitions on their own behalf in order to make arguments that could potentially reduce criminal charges or sentences.

Sentencing Hearing

When it comes time for sentencing, defendants have the right to plead not guilty and request an appeal if they feel that they have been wrongfully convicted or sentenced too harshly. To do so, experienced attorneys specializing in criminal law can assist with filing grievances and taking the necessary steps in order for the court to grant an appeal.

Trust a Licensed Criminal Lawyer to Represent Your Rights at Trial

Navigating through criminal proceedings can be a daunting task, but having knowledge about your rights as the defendant and understanding how to defend yourself throughout each stage of the process can make all the difference when it comes to facing criminal charges. With proper guidance from experienced attorneys who specialize in criminal defense law, defendants will have assurance that their interests are properly represented and protected before any potential conviction or sentence is imposed by the court.

Are you looking for a qualified counselor who can aggressively defend your current criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal attorneys will get you the best possible outcome to your criminal case!

Related Posts:

What You Need to Know Before Going to Court for a Criminal Case
The Pros and Cons of a Jury Trial
How the Appeal Filing Process Works in Indiana

How to Find a Dependable Criminal Attorney Near You

Finding a dependable Indianapolis criminal defense attorney who you can trust is essential if you are facing Indiana criminal charges. But how do you know who to choose? How do you find someone who is both qualified and reliable? That’s the catch. Fortunately, there are ways you can get yourself a great crime lawyer without making any mistakes along the way.

Continue reading to learn some informative tips to help you narrow down your search and find the perfect criminal defense lawyer in Indianapolis for your legal matters.

To Speak With a Certified Indiana Criminal Defense Lawyer, Call 317-636-7514 Today!
To Speak With a Certified Indiana Criminal Defense Lawyer, Call 317-636-7514 Today!

Tips for Hiring a Good Defense Lawyer in Indiana

If ever you find yourself facing criminal charges, it is of the utmost importance to locate an Indianapolis criminal attorney whom you can trust. Yet how do you determine which lawyer is ideal for your individual situation? Who should be the one representing your interests in court? With a myriad of lawyers available, who will have your back and ensure that justice prevails?

Here are a few tips to help you find the right criminal defense lawyer for you:

1. Do your research. Look for attorneys who specialize in criminal law and have experience defending clients in court. Ask friends, family, and colleagues for referrals, or do a quick online search to find reviews from past clients.

2. Schedule consultations with several different lawyers. This is your chance to ask questions and get a feel for their personality and approach to law. This is your opportunity to make inquiries and become familiar with their character and attitude towards the law.

3. Trust your gut feeling. When all else is equal, go with the attorney you feel most comfortable with. After all, you’ll be working closely with this person throughout your case.

At the end of the day, finding a dependable criminal attorney can be a long and stressful process – but it’s well worth the effort. Having an experienced legal professional on your side can make all the difference in court.

Are you in need of an adept criminal defense lawyer to battle your Indiana or Federal criminal allegations? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Related Posts:

What You Need to Know About Hiring a Criminal Attorney
The Importance of Hiring Your Own Criminal Defense Lawyer
How to Switch From a Public Defender to a Private Criminal Lawyer

How to Determine if You Need to Hire a Criminal Attorney or Not

Were you just arrested for an offense in Indiana, but you are not sure whether to hire or lawyer or not for your case? Are you thinking about opting for a public defender instead of hiring a private criminal attorney? If you aren’t sure if your criminal charges warrant the investment of a private lawyer, you are lucky to be in the right place at the right time. Regardless of how major or minor your recent criminal charges are, it is always recommended to hire a criminal defense lawyer to represent your case.

Continue below to learn why, and how to get started on building a strong and impactful defense against your Indiana criminal charges soon.

Indianapolis IN Criminal Defense Law Firm
Indianapolis IN Criminal Defense Law Firm 317-636-7514

Private Criminal Defense is Always the Best Option

The types of crimes a person can be charged with is seemingly endless, ranging from minor infractions like traffic tickets and citations, to major crimes like capital offenses. The penalties for these crimes vary in nature as well, and depend on a long list of factors. And the consequences for committing a crime can range from a minor fine to the death sentence.

But regardless of the scope and severity of a defendant’s charges, it is important to take them very seriously. Not only can a guilty plea hand down various penalties, but it can also spoil a person’s reputation and have life-long adverse effects on the quality of their life. For this reason and more, it is vital to hire an experienced criminal attorney if you are currently facing criminal charges. They have the knowledge and resources to build a strong and impactful defense to protect your rights and preserve your freedoms. They can help you pursue the best possible outcome to your case.

What a Criminal Attorney Will Do for You

Even for minor offenses, like traffic tickets, a criminal attorney can help you avoid the maximum fines and penalties associated with your infraction. They might even be able to fight the allegations and dismiss your case, such as a speeding ticket, or even prevent your drivers’ license from being suspended. They know how to find the facts and properly investigate allegations in order to fight your criminal charges. Reducing minor infractions is always wise because it can also protect you against increase insurance rates and more.

If your criminal charges are more serious, it is even more critical to your freedom and your future to retain professional legal counsel. Private legal counselors, unlike public defenders, have the time and the resources to dive into your case and put in the effort and focus it needs to have a successful outcome.

With private criminal defense, you are in better hands than none at all. It can mean the difference between extended jail time and no jail time. It can also increase the chances of reducing Level 6 Felonies to Class A or B misdemeanors. It all depends on who you choose to represent your case. Experience and testimonials are the greatest indications of quality and trust.

Were you convicted of misdemeanor or felony weapons crime? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Consults are free!

You Might Also Read:

4 Reasons to Fire Your Lawyer and Hire a New One
Should I Waive My Right to a Lawyer if I Know I’ll Be Found Guilty?
What Can a Criminal Lawyer Do That a Public Defender Can’t?

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Do Not Make These Mistakes if You are Facing Criminal Charges

So, you were just arrested? Most likely, you are now facing criminal charges. If you are, it is vital that you do everything necessary from here on out in order to protect your rights and preserve your freedoms. Most importantly, you want to avoid jail time. Continue below to learn which mistakes you should never make if you are facing criminal charges.

Criminal Lawyer Indianapolis Indiana
Criminal Lawyer Indianapolis Indiana 317-636-7514

What Not to Do After Being Arrested for a Crime:

Do Not Hire the Most Expensive Defense Lawyer

Just because a criminal defense lawyer charges out the wazoo for their services does not mean they are the best at what they do. So, try to avoid choosing an attorney based on how elite their office and rates may appear to be. Sometimes, the added costs are simply to cover their expensive office rent, 3 piece suits, and staff lunches. Skip the frills and opt for a lawyer with reasonable rates and payment arrangements.

Do Not Hire the Cheapest Defense Lawyer

Oppositely, but yet similar in theory, do not hire a criminal defense lawyer based on price alone. Just because they are the cheapest law firm you have found thus far does not mean they are a bargain deal you luckily stumbled upon. In such cases, you truly get what you pay for. Most criminal defense attorneys who offer bottom of the barrel rates are new to the industry, and have no experience under their belts.

Do Not Turn Down a Final Plea Deal

When the state finally decides to stop negotiating a plea deal for your criminal charges, it is typically because they have overwhelming amounts of evidence against you, which cannot allow any further reduction of your criminal charges. In this case, take the final plea deal. Do not make the mistake of rejecting the state’s final offer, and opting to go to trial instead. This will cost you more money, and end up worse in the end.

Do Not Post on Social Media

Anything you do between your arrest and your sentencing can impact the level of punishment for your criminal charges. One way to avoid incriminating yourself further is to be very careful what you post on social media. In fact, most criminal defense lawyers encourage clients to stay far away from social media until their case is closed.

Do Not Insist on Testifying at Trial

You do not want to testify at your trial, if you end up there. Let your criminal defense lawyer take the lead, and only speak when instructed by them. The law is complex, and you do not want to accidentally incriminate yourself further on the stand. After all, your freedom is at stake.

Do Not Represent Your Own Case

In the same way you should not testify on your own behalf at your trial, you should never attempt to represent yourself in your criminal case. Almost every defendant who chooses to be their own lawyer fails, and is sentenced to the maximum penalties for their criminal charges. Always, no matter what your budget may be, hire a criminal defense lawyer to navigate your case and reduce your criminal charges.

Are you in need of skilled and aggressive criminal defense in Indianapolis, Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation, today. He will protect your rights and preserve your freedoms!

You Might Also Like:

Is a Private Criminal Defense Attorney Really Worth it?
Criminal Defense Tips for Being Interviewed as a Suspect
How to Hire a Criminal Defense Attorney

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Is a Private Criminal Defense Attorney Really Worth it?

Last week, we discussed all the reasons why you should not choose a public defender for your Indiana criminal case. The most important reason, however, is that a private criminal defense lawyer is the authority who can actually protect you against the worst possible outcome of your case. Choosing a crime lawyer with experience truly makes all the difference when it comes to your rights and your future.

Continue reading to learn why, and how to find a criminal defense attorney in Indianapolis who you can trust with your future and your freedom.

Indiana Criminal Defense Law Firm 317-636-7514
Indiana Criminal Defense Law Firm 317-636-7514

You Can Put Your Worries Aside After Being Criminally Charged

You don’t have to be ashamed if you’re frightened after being charged with a crime. Almost everyone feels this way when facing criminal charges, especially if they are first-time offenders. Right now, you are asking yourself a mountain of questions that you cannot possibly answer on your own: How much will this cost me? Will I go to jail? For how long? How will this affect my job? My future? My permanent record? And this only creates more unknown, more anxiety, and more frustration. To find solace and security, you need an experienced criminal defense attorney in your corner that has the knowledge to answer your questions and the skills to protect your freedoms.

Don’t You Want to Avoid the Maximum Penalties for Your Charges?

The main objective of a criminal defense lawyer is to protect your rights and preserve your freedoms, but to also limit the number of damages for your charges. In short, they fight to reduce (or ideally dismiss) your charges and subsequent penalties in order to avoid the maximum penalties. Without a seasoned criminal lawyer, you don’t have a strong chance at obtaining a reduced or dismissed sentence. But this isn’t the only advantage of having an aggressive criminal defense team.

Retaining experienced criminal defense means you don’t have to put all your focus into your legal troubles. You can put your time and energy into your family, career, and all other important aspects of your life, while your attorney manages all the ‘day-to-day’, back-and-forth proceedings of your case. This feeling of security and comfort is truly helpful during a legal battle or criminal case.

It truly makes a difference, whether you are facing a minor infraction or a major felony. Not only are you protected, your family and reputation are protected as well. There is a lot at stake when you are facing criminal charges, so it is not wise to cut corners when it comes to building your defense. An aggressive and experienced criminal lawyer is the only viable solution to your legal troubles.

The Right Choice for Private Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Contact us to schedule your online, over-the-phone, or in-office appointment, today.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

Is it Possible to Get My Criminal Charges Reduced in Indiana?

After an arrest, your first thought is, “how much trouble am I in?” So, it is no surprise that one of the most common questions among criminal case defendants is, “can I get my charged reduced? Or better yet, dropped?” If you are wondering whether or not it is possible to get your criminal charges reduced in Indiana and avoid jail time completely, you are already on the right path. It is important to protect your rights and preserve your freedoms, and we will tell you what you need to know.

Continue below to learn about felonies and misdemeanors in Indiana, as well as their current sentencing schedules.

Indianapolis Indiana Criminal Defense
Indianapolis Indiana Criminal Defense 317-636-7514

Most Crimes are Classified as Misdemeanors and Felonies

Misdemeanors

Misdemeanors are not as serious as felonies, but they are still criminal offenses, nonetheless. Misdemeanors are categorized from Class A to Class C, with Class A being the most serious, and Class C being the least serious misdemeanor. Regardless of seriousness, they can all affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. Misdemeanors are punishable by up to 1 year in jail and up to $5,000 in fines.

Felonies

A felony is a serious crime because it is a federal crime, or crime against the federal law. Felonies come with harsher penalties as a result. If you are facing a felony conviction in Indiana, it is vital that you hire a private Indianapolis criminal defense lawyer to protect your rights and keep you out of jail. Felonies are categorized on a spectrum from least serious to most serious, from Level 6 Felonies to Level 1 felonies, and then murder at the very top as the highest felony, and in its own category.

Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 6 Felonies are typically called “wobblers” because they can often be reduced to a Class C Misdemeanor if the defendant has no priors. Level 1 and 2 felony crimes are the most serious levels, excluding murder.

How to Reduce Your Indiana Criminal Charges

If you are charged with a misdemeanor crimes or felony crimes in Indiana, it is vital to speak with an experienced and skilled Indianapolis criminal lawyer you can trust. Your next moves can drastically impact the overall outcome of your case, and the well-being of your future! Call Attorney David E. Lewis at 317-636-7514 to discuss the most effective legal strategies and defenses for your Indiana criminal case. We offer free consultations, so there is no out-of-pocket obligation to learn more about your charges and possible penalties. Schedule your consult over the phone, via video conference, or in-person at our Indiana criminal defense law firm

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!