Why Representing Yourself in Criminal Court is a Risk You Can’t Afford

Posted on January 24, 2025 by admin

If you’re facing criminal charges, the idea of representing yourself might seem appealing. After all, who knows your story better than you do? It might appear to save money, and you may think it gives you more control over the outcome of your case. However, what many don’t realize is that self-representation in criminal court often leads to devastating mistakes that can have irreparable consequences.

This blog explores the pitfalls of self-representation, why hiring a criminal defense lawyer is crucial, and how legal representation can safeguard your future. Whether you’re preparing for trial or simply seeking legal advice, understanding the risks of going it alone could make all the difference.

Call 317-636-7514 When You Need Criminal Defense Representation in Indianapolis Indiana

The Risks of Self-Representation in Criminal Court

The phrase “A man who is his own lawyer has a fool for a client” exists for a reason. Representing yourself in criminal court exposes you to a range of risks, many of which could lead to severe penalties or even wrongful convictions.

Common Mistakes Made by Self-Represented Defendants

Lack of Legal Expertise – Without a background in law, most defendants lack the skills to effectively argue their case, identify weaknesses in opposing arguments, or negotiate favorable pleas.
Poor Presentation – From fumbling with legal terminology to struggling with public speaking, representing yourself often results in a presentation that fails to persuade or impress a judge or jury.
Underestimating the Opposition – Facing experienced prosecutors without the knowledge or tools to counter their strategies leaves you at a severe disadvantage.

Long-Term Consequences

Self-representation can lead to harsher sentences, additional charges, or permanent criminal records, all of which can severely damage your personal and professional future. For example, a conviction due to inadequate preparation could result in difficulties securing jobs, loans, or housing.

Legal Technicalities and Procedures

One of the most significant challenges of self-representation lies in navigating complex legal procedures.

Understanding Legal Processes

Criminal proceedings are more than just arguing your side of the story. They involve filing motions, adhering to deadlines, and understanding courtroom etiquette—all of which are second nature to criminal defenders but often overwhelming for a layperson.

Procedural Errors with Real Consequences

Even minor mistakes in legal filings can have dire consequences. For example, missing the deadline to submit evidence or improperly cross-examining a witness could weaken your case—or worse, lead to its dismissal altogether. The courtroom has no patience for procedural missteps, and unfortunately, the court won’t provide leniency just because you’re a self-represented defendant unfamiliar with these rules.

The Value of Legal Representation

Hiring a criminal defense lawyer can be a game-changer, and here’s why:

Expertise in Criminal Defense Strategies

Experienced attorneys know how to build a case tailored to your unique circumstances. They leverage their knowledge of the law and past case precedents to create effective defense strategies that give you the best chance at a favorable outcome.

Protection of Your Rights

A criminal defender ensures that your constitutional rights are protected throughout the trial process. This includes guarding against unlawful searches, coercion, or any procedural violations that could harm your case.

Negotiating Skills

Attorneys are skilled negotiators who can secure better plea deals or even get charges reduced or dropped—outcomes that are often unattainable for self-represented defendants.

Saving You Time and Stress

Legal cases are emotionally draining and time-consuming. A criminal defense lawyer takes over the complexities so you can focus on what matters most—your life and family.

Tips for Finding the Right Criminal Defense Lawyer

With so much riding on your lawyer, choosing the right one is crucial. Here are some tips to guide your search for the ideal legal representative:

1. Look for Relevant Experience

Not all lawyers are created equal. Ensure your attorney specializes in criminal defense, specifically in the type of charges you’re facing. For instance, some focus on DUI cases, while others excel in complex felony charges.

2. Research Their Track Record

Look for client testimonials, case outcomes, and years of practice. A lawyer with a proven track record of success in cases similar to yours is often a good bet.

3. Evaluate Communication

Your attorney should be someone you feel comfortable with—someone who listens carefully, answers your questions clearly, and keeps you informed about your case.

4. Consider Local Expertise

Laws vary by state, and so do courtroom dynamics. A lawyer familiar with local judges, prosecutors, and rules can provide a strategic advantage.

5. Assess Transparency

Discuss the fee structure upfront—whether flat fees, hourly rates, or payment plans—to avoid unexpected costs later. A professional criminal defender will always be upfront about the costs of their services.

Protect Your Future with the Right Choice

The stakes in a criminal case are high, and self-representation often ends in regret. Legal procedures are intricate, and the consequences of even a minor error can last a lifetime. By hiring an experienced criminal defense lawyer, you’ll position yourself to avoid devastating criminal defense mistakes, secure fair treatment, and protect your future.

If you’re currently navigating legal challenges, consider this your call to action. Speak to a professional criminal defender to understand your options and craft a strategy tailored to your case. Don’t leave your future to chance—get the legal help you deserve today.

For those seeking trusted legal advice, our criminal defense law firm is here to help. Contact the Law Office of David E. Lewis at 317-636-7514 to book an appointment with an experienced criminal defense lawyer in Indianapolis, Indiana. We will get the best possible outcome for your criminal case!

Your First Arraignment Hearing: What You Need to Know

Posted on November 18, 2024 by admin

Walking into a courtroom for the first time can be daunting. For first-time offenders, this experience begins with the arraignment hearing. This crucial step in the judicial process serves as a pivotal moment for anyone charged with a crime. In this guide, we’ll break down everything you need to know about attending an arraignment hearing—from preparation to what comes afterward. By understanding each aspect of the process, you’ll be better equipped to handle your initial hearing with confidence.

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What Is an Arraignment Hearing?

An arraignment hearing is your initial appearance in court after you’ve been charged with a crime. It serves several key purposes. During this hearing, formal charges are read aloud, and you are asked to enter a plea. The judge will also decide whether bail or a bond is appropriate. Importantly, the arraignment sets the stage for your entire criminal defense strategy.

Your presence at the arraignment is not just a formality—it’s a legal requirement. Missing this appointment can lead to severe consequences, including the issuance of a warrant for your arrest. Understanding its significance will help you approach it with the seriousness it deserves.

Preparing for Your Arraignment

Preparation is vital. First, getting a grasp on the charges against you is crucial. Each charge can impact your life in different ways, ranging from fines to potential jail time. Understanding these implications sets the groundwork for your legal strategy.

Having competent legal representation cannot be overstated. A lawyer experienced in criminal defense can offer invaluable advice and support. They will help you to understand the arraignment process and ensure that your rights are protected throughout.

Gathering necessary documents is another critical step. These may include your arrest record, any paperwork from previous hearings, and identification. Being organized shows the court that you respect the process and are prepared to engage with it seriously.

What to Expect in the Courtroom

The arraignment process typically includes several key steps. First, your charges are read aloud in court. This step ensures that you are fully aware of what you are being accused of. Following this, the judge will ask you to enter a plea. You’ll generally have three options: guilty, not guilty, or no contest.

Possible outcomes of the arraignment include setting a date for a trial or dismissing the case if there is insufficient evidence. The judge may also consider bail, allowing you to remain free until your next court date, depending on the severity of the charge and your criminal history.

Common mistakes at this stage include failing to understand your rights or speaking out of turn. These missteps can negatively affect your case, so it’s essential to listen carefully and follow your attorney’s guidance.

Important Tips for Your Arraignment Hearing

First impressions matter, so dress appropriately. Your attire should reflect the seriousness of the occasion—think business casual. Courtroom etiquette is equally important. Be respectful, attentive, and avoid speaking unless prompted by your lawyer or the judge.

When addressing the judge, use proper titles such as “Your Honor.” This respect helps maintain a positive rapport with the court staff and judge. Remember, they are there to ensure justice is served fairly and equitably.

Knowing what to say and what not to say is crucial. Avoid discussing the specifics of your case unless advised by your attorney. Anything you say can be used against you in future proceedings, so it’s best to exercise caution.

What to Do if You are Taken to Jail

Understanding bail and bond is crucial. Bail is a monetary guarantee that you will return for future court dates. If set, you may need to work with a bail bondsman to secure your release. This is often a stressful time, but it’s important to comply with all conditions set by the court.

The concept of plea bargaining may come into play after your arraignment. This process involves negotiating with the prosecutor to potentially reduce your charges or sentence. It requires careful consideration and discussion with your lawyer to ensure it’s the best decision for your situation.

Preparing for the next steps involves staying informed and engaged with your legal team. They will guide you through any additional hearings or proceedings, ensuring that your rights are protected and your defense is robust.

Conclusion

An arraignment hearing is a critical step in the criminal justice process, serving as the foundation for your defense strategy. Being well-prepared can ease the anxiety of entering a courtroom for the first time. Remember to seek legal advice, understand your charges, and maintain a respectful demeanor throughout.

It’s important to stay engaged and informed throughout your legal proceedings. If you have questions or concerns, don’t hesitate to reach out for professional legal advice. Understanding the court process can empower you to make informed decisions about your legal future. With the right preparation and support, navigating your arraignment hearing becomes a manageable task on the road to justice.

Don’t let the criminal justice system intimidate you. We will protect your rights and preserve your freedoms. Contact Attorney David E. Lewis at 317-636-7514 for the strongest criminal defense in Indianapolis. We will get the best possible outcome for your criminal case!

Navigating the Indiana Criminal Trial Process: A Guide for Defendants

Posted on September 24, 2024 by admin

Understanding the criminal trial process in Indiana is crucial for anyone involved, whether you’re a defendant or simply a curious citizen. Not only does this knowledge empower individuals to make informed decisions, but it also helps demystify the legal system that can often seem intimidating and complex.

In this blog post, we’ll take an in-depth look at the Indiana criminal trial process, breaking down the steps involved, the rights of the accused, and offering practical tips to help you or your loved ones confidently face this challenging experience.

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Understanding the Indiana Criminal Trial Process

In Indiana, the criminal trial process is a series of steps that begins with an arrest and concludes with sentencing. Each stage of this process serves a unique purpose and plays a critical role in ensuring justice is served. By familiarizing yourself with these stages, you’ll be better equipped to understand the legal proceedings and what to expect.

The importance of understanding your rights throughout this process cannot be overstated. Knowing your rights allows you to make informed decisions and ensures that you receive fair treatment under the law. This guide will walk you through the entire process, providing valuable insights and practical tips along the way.

Steps of the Indiana Criminal Trial

Arrest and Initial Appearance

The first step of the Indiana criminal trial process begins when law enforcement arrests an individual and brings them before a court. During the initial appearance, the defendant is informed of their charges and their rights, such as the right to legal representation. This is also where bail may be set, allowing the defendant to secure temporary release pending trial.

Arraignment and Plea Bargaining

Following the initial appearance is the arraignment, where the defendant enters a plea of guilty, not guilty, or no contest. This is a critical stage in the Indiana trial steps, as it sets the course for the rest of the trial process. Plea bargaining may occur during this time, where the defense and prosecution negotiate an agreement to resolve the case without going to trial, often resulting in a reduced sentence or lesser charges.

Pre-Trial Motions and Discovery

Pre-trial motions are requests made by either party to address legal issues before the trial begins. These can include motions to suppress evidence, dismiss charges, or change the venue. During the discovery phase, both sides exchange information about evidence and witnesses, allowing them to build their respective cases. This stage is crucial for ensuring a fair and transparent trial.

The Trial

The trial itself is where the prosecution and defense present their cases before a judge or jury. Witnesses are called to testify, evidence is presented, and each side makes arguments to support their positions. The trial culminates in closing arguments, where both parties summarize their cases and urge the judge or jury to render a verdict.

Sentencing

If the defendant is found guilty, the court proceeds to sentencing. In Indiana, sentencing can vary widely depending on the nature and severity of the crime. The judge considers factors such as the defendant’s criminal history, the impact of the crime on victims, and any mitigating circumstances before determining an appropriate punishment.

Rights and Responsibilities of the Defendant

Right to Legal Representation

One of the most fundamental rights of a defendant in the Indiana criminal trial process is the right to legal representation. This ensures that you have a knowledgeable advocate to protect your interests and guide you through the complexities of the legal system. If you cannot afford an attorney, the court will appoint a public defender to represent you.

Right to a Fair Trial

Defendants also have the right to a fair trial, which includes impartial jurors, the right to present evidence and call witnesses, and the right to cross-examine the prosecution’s witnesses. These protections are in place to ensure that the trial is conducted fairly and without bias.

Responsibility to Comply with Court Orders

While defendants have many rights, they also have responsibilities, such as complying with court orders and attending all required court hearings. Failing to do so can result in additional charges or negative consequences for your case.

Common Questions and Misconceptions

What Happens If I’m Indicted on Charges?

Being indicted on charges means that a grand jury has found sufficient evidence to charge you with a crime. This is not a determination of guilt but rather a formal accusation. It’s crucial to work closely with your attorney to prepare your defense and respond appropriately to the charges.

Is It Possible to Avoid a Trial?

Many cases are resolved without going to trial through plea bargaining or other pre-trial resolutions. Your attorney can advise you on the best course of action based on your specific circumstances and negotiate on your behalf.

Can I Represent Myself in a Criminal Trial?

While you have the right to represent yourself, it is generally not advisable in criminal cases due to the complexity of the law and the high stakes involved. An experienced attorney can provide invaluable assistance and increase your chances of a favorable outcome.

Tips for Navigating the Indiana Criminal Trial

Work Closely with Your Attorney

Establishing a strong relationship with your attorney is essential for navigating the Indiana criminal trial process. Keep open lines of communication, provide them with all necessary information, and follow their advice to ensure the best possible outcome.

Stay Informed and Organized

Take the time to educate yourself about the Indiana criminal trial process, your rights, and the specifics of your case. Keep detailed records of all court documents, correspondence, and other relevant materials to stay organized and prepared for each stage of the trial.

Seek Support from Friends and Family

Going through a criminal trial can be an emotional and stressful experience. Lean on your support network of friends and family for encouragement and assistance throughout the process. They can provide emotional support and help you stay focused on your defense.

Conclusion

The Indiana criminal trial process can be daunting, but understanding its steps and your rights can make it more manageable. From the initial arrest to sentencing, knowing what to expect and how to prepare can significantly impact your experience and the outcome of your case. Remember that you have rights and responsibilities as a defendant, and working closely with your attorney can help you protect those rights.

If you’re facing the Indiana criminal trial process, don’t go it alone. Our criminal defense law firm is here to help you every step of the way. Contact us today for more information or legal advice, and take the first step toward confidently navigating your trial.

Important Legal Terms for First-Time Criminal Offenders

Posted on October 11, 2023 by admin

Navigating the complex world of criminal law can be a daunting task for first-time offenders. Understanding the legal jargon, intricacies of criminal charges, and the profound implications they carry is crucial for anyone finding themselves on the wrong side of the law.

This blog post aims to demystify some important legal terms, offering a lifeline to those grappling with the unfamiliar terrain of criminal law. Our goal is to empower you with knowledge, thus helping you to understand the process you’re facing, and potentially assist you in making informed decisions about your legal situation.

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Criminal Law: A Brief Overview

Criminal law is a branch of the legal system that deals with offenses against society, involving acts that are deemed harmful or dangerous to others. This can range from minor infractions such as traffic violations to more severe crimes like murder and fraud. The purpose of criminal law is to maintain social order, protect individuals and property, and punish wrongdoers.

Criminal Charges: What You Need to Know

When someone is accused of committing a crime, they are considered to be facing criminal charges. These charges can take various forms, including misdemeanors and felonies. Misdemeanors are lesser offenses that carry a maximum punishment of up to one year in jail, while felonies are more severe crimes with potential sentences of more than one year in prison. In some cases, individuals may face multiple charges for a single incident, and each charge can carry its own set of penalties if convicted. It is important to hire a seasoned Indianapolis criminal defense lawyer to represent you in your case. With a retained attorney, you have the best chance of reducing or dismissing your criminal charges, thus avoiding the maximum penalties.

Important Legal Terms

Now that we have a basic understanding of criminal law and charges let’s delve into some essential legal terms you’ll encounter during your legal proceedings:

Arraignment: This is the initial court appearance where the defendant (the person accused of a crime) is formally charged and enters a plea.

Bail: A sum of money that can be paid to secure the release of an arrested individual before their trial. The amount of bail may vary depending on the severity of the charges and flight risk of the defendant.

Probation: A form of supervision where an individual is allowed to remain in the community under specific conditions instead of serving time in jail.

Plea Bargain: An agreement between the prosecution and defense where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for giving up their right to a trial.

Statute of Limitations: The time frame in which criminal charges can be brought against an individual for a particular offense. Once the statute of limitations has passed, the defendant cannot be prosecuted.

Indictment: A formal accusation of a crime issued by a grand jury after reviewing evidence presented by the prosecution.

Conclusion

Being charged with a crime can be overwhelming and confusing, especially if it’s your first time facing the legal system. Understanding the basics of criminal law, charges, and important legal terms can help ease some of the stress and uncertainty you may be feeling. However, it’s crucial to seek professional legal advice from an experienced attorney to guide you through your specific case. Remember, knowledge is power, and being informed about your rights and options can make a significant difference in the outcome of your case. So, stay informed, stay safe!

You do not have to go through the legal system alone. Get a professional on your side who will fight for your rights and your freedoms. 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!

Navigating the Legal System as a Defendant in a Criminal Case

Posted on February 22, 2023 by admin

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.

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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!

What You Need to Know Before Going to Court for a Criminal Case

Posted on February 1, 2023 by admin

Going to court for a criminal case can be an intimidating experience, as the stakes are high and the outcome of your case may have serious consequences. It is important that you understand what to expect before entering the courtroom. With the help of a qualified criminal defense attorney, you can make sure that all aspects of your case are taken into consideration and that you receive fair treatment throughout the legal process.

In this blog post, we will discuss some key points to consider when going to court for a criminal case. We will cover topics such as how to find a good criminal defense lawyer, how to prepare for court proceedings, and other tips on navigating through this complex system. By equipping yourself with knowledge beforehand, you can feel confident in your ability to handle any situation during or after a trial.

Call 317-636-7514 to Speak With a Criminal Court Lawyer in Indianapolis IN.

Criminal Court Tips for Defendants

Hire a Qualified Criminal Lawyer

When it comes to choosing a criminal defense attorney, it is important to do your research. A qualified attorney should be knowledgeable in all aspects of criminal law and have experience dealing with cases similar to yours. They should also be well-versed in the process of filing motions, preparing legal documents, negotiating plea deals, and representing you during court proceedings. Additionally, it is important to make sure that your attorney understands the seriousness of your charges and will work diligently on your behalf.

Prepare Yourself

Before going to court, it is wise to prepare as much as possible in order to ensure a successful outcome. Your criminal defense attorney can provide you with valuable advice on what steps to take, such as gathering evidence and witness testimonies, as well as filing motions to have evidence excluded from your case. It is also a good idea to be familiar with court procedures and understand what kind of questions you may be asked during trial.

Don’t Go About This Alone

Finally, it is important to remember that the criminal justice system can be complex and overwhelming at times. If you feel overwhelmed or confused at any point, it is important to seek help from a qualified Indiana criminal defense lawyer. With their expertise and experience, they can guide you through the process and provide you with the best possible outcome for your case.

Get Knowledgeable About the Criminal Court Process

Going to court for a criminal case can be an intimidating experience but arming yourself with knowledge beforehand can help alleviate some of that fear. By finding a qualified criminal defense lawyer, preparing for court proceedings, and seeking help when necessary, you can feel confident in your ability to handle any situation that arises during or after your trial. With the right preparation and support, you can take control of your case and pursue the outcome you desire.

Get your future and your freedoms aligned with success by protecting yourself after an arrest. 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.

When Will I Make a Plea in My Criminal Case?

Posted on November 5, 2021 by admin

Criminal defendants in Indiana commonly want to know when they will have the opportunity to plead guilty or not guilty in the criminal case. Let’s start by briefly examining the different stages of a criminal case, including the point at which you are ordered to plea, convicted or acquitted, and sentenced if convicted. Continue below to get started.

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The Common Order of Events in a Criminal Case

The common order of events in a criminal case are as follows: arrest, bail, arraignment, preliminary hearing, pretrial motion, trial, sentencing, and if applicable, appeals. Usually, the criminal defendant accepts a plea bargain from the prosecuting attorney, in which case all criminal proceedings basically come to an end. Accepting a plea bargain essentially means pleading guilty before a trial takes place.

Criminal Case Stages in Standard Order:

Arrest

State level criminal cases begin with an arrest, either on the spot or following an arrest warrant surrender. If suspected of federal charges, the criminal process begins with an indictment. Once the defendant is arrested, they are placed in custody at the local county jail or Sheriff’s office.

Bail

Once a defendant is placed in custody, they will be booked and processed into the jail’s database system by jail staff. If the defendant is arrested under the influence of drugs or alcohol, jail staff must wait at least eight hours to ensure the defendant is sober before getting started on booking them. Once the booking process is complete, the inmate is given the opportunity to post bail. Bail is usually set by a judge or other court officer between 24 and 48 hours of the arrest, but it can also be denied by the judge if certain factors apply.

Pursuant of Indiana Rules of Trial Procedure, local circuit court rules specifically state, “A person arrested and incarcerated without a warrant should be released from custody within forty-eight (48) hours of arrest unless a judicial determination of probable cause for arrest has been obtained or extraordinary circumstances exists which prohibit the holding of a hearing on probable cause within forty-eight (48) hours.”

Arraignment

If you were wondering when a defendant is given the opportunity to make a plea in their criminal case, the answer would be during their arraignment. At the arraignment, the judge will read the defendants their criminal charges, and then give them the opportunity to plead guilty or not guilty. A defendant’s arraignment is their first official court appearance. Typically, by this point they would have already hired a private criminal defense lawyer in Indianapolis. If not, the judge will give the defendant the opportunity to accept a public defender at this point in the criminal process.

Preliminary Hearing

The preliminary hearing, also known as the initial hearing or preliminary examination, is the next stage of the criminal process. In some cases, states will bring criminal charges by grand jury indictment. Federal cases are required to bring charges by grand jury indictment. During the preliminary hearing procedures, both the prosecution and defense legal teams will go back and forth questioning witnesses and the defendant. This hearing is used to establish probable cause. If the case gets dismissed because there is not enough evidence to support the criminal charges, it will happen at the preliminary hearing.

Pretrial Motion

Also known as a pretrial conference, this hearing takes place before the defendant’s trial hearing. It is simply a meeting between both the prosecuting attorneys and the defense attorneys, to discuss pre-trial motions and other trial-related issues. At this meeting, it will be decided if the case will go to trial, or if a plea bargain can be agreed upon instead. If a plea agreement is made, then a trial will not be needed.

Trial

Following the plea of guilty or not guilty, the defendant will be found one way or another at their trial. It is the prosecution’s responsibility, or burden, to prove beyond a reasonable doubt that the defendant is guilty of their alleged criminal charges. If prosecution fails to do so, the defendant will be found not guilty. Otherwise, the trial is when defendants are handed down a guilty verdict.

Sentencing

At the sentencing hearing, the defendant will learn what their penalties are for their convicted criminal charges. Common court-ordered penalties for guilty convictions include jail time, fines, probation, house arrest, ankle monitoring programs, drug or alcohol rehabilitation, educational courses, and more.

Appeals

If a defendant is found guilty at their trial, their criminal defense lawyer can file an appeal in appellate court to either reduce or turn around their client’s conviction, or to be given a retrial. Requesting an appeal means a defendant wants their case reviewed by a higher court to ensure authenticity and due diligence.

Are you looking for a skilled criminal defense lawyer to protect you from the maximum penalties for your criminal charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

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FAQS About Being a Witness in a Criminal Case

Posted on July 28, 2021 by admin

Criminal cases at any level are serious, as they can significantly alter the course of your life and negatively impact your pursuit of happiness. For this reason, it is important to be prepared for your criminal case by retaining a skilled defense lawyer, especially if you must testify or have witnesses at your trial. Even if you have been subpoenaed to testify in another person’s criminal case, it is wise to be prepared, as court hearings are very serious matters.

Whether testifying at another’s trial or your own, continue below to review some frequently asked questions about being a witness in a criminal case, and who to trust for aggressive criminal defense that can preserve your rights and freedoms.

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Frequently Asked Questions About Trial Testimonies

What To Do After Receiving a Subpoena

If you were subpoenaed to be a witness at another defendant’s criminal case, be sure to take it seriously by responding according to instructions and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge can be offended and provoked if you ignore one. As a result, the judge can take a personal interest in you and pursue penal action. The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer or have worked with a trusted one in the past, contact them and inform them of the subpoena.

How Can I Be a Good Trial Witness?

First and foremost, always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, dress business casual, be on time, and maintain a calm and polite composure. Avoid using bad or offensive language, and only speak when spoken to. If you are testifying at your own trial, always take your lawyers advice and follow their instructions.

Can a Child Be a Witness in a Criminal Case?

In the case that you have witnesses at your trial, whether in support of proving your innocence or guilt, there is a possibility that it can be a child or juvenile minor. Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children. A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies.

Can I Get Immunity For Being a Witness?

Immunity is basically a “hall pass” or “get out of jail free card” for a person who is charged with or suspected of a minor crime. In exchange for vital information and testimony that will help prosecute a more high-profile criminal, a prosecutor will not move forward with charging a suspect. But, not every is offered immunity. Immunity is typically reserved for more high-profile cases and long-standing investigations. Common cases that might involve an offer of immunity include crime bosses, drug traffickers, smugglers/black-marketers, white collar fraud, sex trafficking, and similar serious crime enterprises.

Can I Be a Witness in My Own Criminal Case?

Although most criminal lawyers will recommend that you do not testify at your trial, there are times when a defendant’s personal testimony can be a good strategy for the defense. If this is the case for your own trial, there are some rules to follow. In addition to being honest with the courts and opposing lawyers during your testimony, it is equally important to do the same with your own criminal defense lawyer. They must know everything in order to build an impenetrable defense against your criminal charges. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Are you looking for an experienced and aggressive defense lawyer who won’t let you be subjected to the maximum penalties for your Indiana criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

You Might Also Read:

The Top Three Rules for Testifying in Court
The Importance of Witness Depositions in a Criminal Case
What are My Rights at Trial?

What is the Difference Between Aggravating and Mitigating Factors?

Posted on November 20, 2020 by admin

It is common knowledge that magistrates of the court have extensive discretion when handing down criminal sentences. Although there are advisory sentences in almost all states, the judge has the ultimate say in how a convicted criminal will serve their sentence. But what sways the mind of a judge when deciding on how to sentence someone? What influences their final decision? Well, there are various factors that courts and judges use to determine a fair and fitting sentence for the type of conviction and particular person. Two of the most influential, however, are mitigating factors and aggravating factors.

Continue below to learn the difference between mitigating factors and aggravating factors, and where to turn for help with your pending criminal charges.

Aggravating Factors are Not to a Defendant’s Advantage

Aggravating factors are any elements of a criminal case that make the crime worse. Basically, there are types of criminal offenses that are particularly reckless, careless, cruel, or otherwise heinous in some way. If a judge observes aggravating circumstances to your criminal case, it is not a good thing. Fortunately, you have wisely chosen to hire private Indianapolis criminal defense lawyer to protect your rights, minimize your penalties, and keep you out of jail. If you have a public defender, you are gravely at risk of being sentenced to the maximum penalties for your crime and all relevant aggravating factors. There are 11 aggravating circumstances decreed by statute here in Indiana.

Examples of Aggravating Factors:

✏ Having a history of criminal or delinquent behaviors

✏ Causing harm, injury, loss, or damage to another

✏ Knowingly committing a crime in the presence of children or minors

✏ Committing a crime after violating probation or parole

Mitigating Factors are Beneficial to a Defendant’s Case

Oppositely, mitigating factors are any elements or circumstances of a criminal case that lessen the severity of the offense. But similar to aggravating factors, there are 11 mitigating circumstances decreed by state statute. For instance, if a person committed a crime as a result of extreme provocation, has no history of criminal activity or delinquent behavior, or the crime did not result in bodily or property damage, a judge might consider these as mitigating circumstances.

To reach a sentencing decision, judges typically take into account the total number of mitigating circumstances versus any aggravating ones. However, they also consider the difference in weight. Depending on which factors outweigh the others, a judge will choose to reduce or increase a defendant’s sentence. With a seasoned criminal defense attorney on your side, you don’t have to worry about being sentenced to the maximum penalties for your charges. Be sure to hire one as soon as you are released from jail, or receive a notice of indictment.

Where to Get Trusted Indianapolis Criminal Defense You Can Afford

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

FAQS About What Might Happen in Criminal Court

Posted on October 20, 2020 by admin

If you are currently facing criminal charges in Indiana, it is likely that you are anxiously awaiting your trial hearing. And just like many others in your position, you have questions and concerns about the state and federal criminal court process, as well as the potential outcomes you face. To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal court and the possible outcomes. This may relieve your anxiety while awaiting your court date.

Indianapolis Criminal Defense Trial Lawyers 317-636-7514

Frequently Asked Questions About Trial

⚖ What Will Happen if I Miss My Court Date?

Missing your court date is a serious offense. Not only does it impede your current case, it tacks on a separate criminal charge that comes with additional penalties. In rare cases, a criminal attorney can waive the penalties for a missed court date if there is sufficient evidence that the client had no choice (i.e. emergency hospital stay, serious accident, etc.) A death in the family, work, and other similar life occurrences are not acceptable excuses to the court.

⚖ What are the Possible Outcomes in Criminal Court?

Because there are so many different types of charges, the outcomes vary greatly. It all depends on a defendant’s charges, criminal history, the state, and many other factors. Some common outcomes include guilty verdict, not guilty verdict, charges dropped, charges dismissed, charges reduced, mistrials, and more.

⚖ What Will Happen if I Plead Guilty?

You should only plead guilty if it is recommended by your criminal lawyer for the purpose of a plea bargain with the state prosecutor. Pleading guilty will mean you admit to committing the crime, understand the charges and the guilty plea, and waive your right to trial jury. Upon pleading guilty, you can expect to have a sentencing hearing scheduled with a few weeks or months. During your sentencing hearing, the judge will hand down your sentence, penalties, and court orders.

⚖ What Will Happen if I am Found Not Guilty?

You will have it on your record that you were charged with the crime, but never convicted. However, you may be able to have the charged expunged from your criminal record. Upon being found not guilty, you will be released from custody and court supervision, and you cannot be convicted of the same crime later on.

⚖ What Will Happen if I Plead No Contest?

Pleading no contest is not allowed in all states. When defendants enter a no contest plea, or nolo contender, it means they are not admitting guilt to the crime in question, but they surrender to the court’s punishment. Although the defendant does not admit guilt, they are still sentenced as if they are guilty.

⚖ What Happens After a Mistrial?

The defense lawyer or prosecutor can motion the court for a mistral for several reasons, including juror misconduct, inability to reach a verdict, law enforcement errors, and more. If granted, prosecution can sometimes retry the case. But most often, it puts defendants in a double-jeopardy situation, so it is not retried.

⚖ What Happens if All Charges are Dropped?

If your charges are dropped, you will not go to trial. The prosecutor drops charges for several reasons, including inadmissible evidence, lack of evidence, uncooperative victims, and more. Although your criminal record won’t show an actual conviction, it will show that you were once charged with the crime. In this case, you may qualify to have it expunged from your record.

How Do I Avoid the Maximum Sentence for My Indiana Criminal Charges?

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.