Criminal Defense Tips for Being Interviewed as a Suspect

Posted on July 5, 2019 by admin

If you are suspected of being involved in a crime, and as a result, must cooperate with a detective interview, it is gravely important to know how to protect yourself from self-incrimination and more. Continue reading to learn some vital criminal defense tips you need to know before being interrogated or interviewed as a potential suspect in a crime.

Police Gimmicks and Ploys

When a detective asks a person to voluntarily come by the station to answer a few questions regarding a criminal case, they actually have a hidden agenda that is not made evident to the person being asked to come in. For one, law enforcement officials are not legally obligated to tell you that you are a suspect in a criminal investigation.

In fact, one of the oldest tricks in the book is to address you initially as a potential witness, and act very polite and friendly to lower your guard and make you feel comfortable giving up wanted information. Another part of this ploy is that if you come into the station voluntarily, you are not in custody. This means law enforcement does not have to read you your Miranda Rights, which remind you of your right to remain silent and your right to a lawyer.

And the gimmicks do not stop there. People often feel like they can handle a police interrogation, and feel confident that they have no valid evidence against them. But this is one of the biggest mistakes you can make as a possible suspect in a criminal investigation. This is because police can make up anything they want to get a person to say things that didn’t really happen.

It is common for detectives to tell suspects that they have video surveillance of them committing the crime, or that they found their DNA all over the scene of the crime. They will say anything they have to in order to get a suspect to admit or give up information. It is also common for suspects to give false confession after hours of endless interrogation.

Always Hire a Criminal Defense Attorney

If you are ever asked to voluntarily come into a police station for questioning, or provide a statement regarding a criminal matter, remain silent. And then contact an experienced criminal defense lawyer immediately. They can evaluate your situation and determine if it’s best for you to give a statement or remain silent. They will protect your rights and preserve your freedom to their best ability.

Aggressive Criminal Defense in Indiana

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our Indianapolis criminal defense law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Get started protecting your future, today.

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

Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?

Posted on July 2, 2019 by admin

Law enforcement are the country’s first line of defense, so it is important to appreciate their line of work and understand the dangers they face on a day to day basis. For this reason, they are legally trained and equipped to carry and use a wide variety of lethal and nonlethal weapons, including guns, batons, and Tasers. Although they are permitted to use these weapons at their discretion, it doesn’t give them the right to abuse or overuse their power.

In the case of nonlethal weapons, this has come up quite a bit in the recent years. People want to know what happens when a cop excessively uses their non-lethal weapon. Is it still lawful? Are there consequences for the police officer? Does the defendant have rights?

Every situation involving the actions, behaviors, and protocols of law enforcement’s action varies greatly, and should always be assessed on the individual facts surrounding the case. For example, take a look at the case of “Peru City Police Department v. Martin”.

Peru City Police Department v. Martin

In the lawsuit, after an officer repeatedly employed a Taser on an elderly nursing home patient suffering from Alzheimer’s, Peru Police Chief Steve Hoover recommended dismissal of Officer Martin for excessive use of force and conduct unbecoming of an officer. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover; Officer Martin was discharged and sought review in the trial court.

The court of appeals reviews the decision of a municipal safety board like a decision of an administrative agency, “limited to whether the [board] decision rests upon substantial evidence, whether the decision was arbitrary and capricious, and whether it was contrary to any constitutional, statutory, or legal principle.” The trial court tossed out his firing and entered over one hundred “reasons that Board’s decision should not be affirmed.” However, the appellate panel disagreed, finding the trial court erred in substituting its own judgment for that of the police chief and board.

The panel focused its analysis on the Taser training Officer Martin underwent as part of his role as an officer. He had been specifically instructed that exposure for over 15 seconds, whether due to multiple applications or a continuous one, increased the risk of death or serious injury. In total, the nursing home patient was exposed for 31 seconds. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.”

Do You Have Questions About Your Criminal Charges?

If you do not already have a licensed criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

Choose Attorney David E. Lewis for Aggressive Criminal Defense

Posted on June 26, 2019 by admin

The Law Office of David E. Lewis has the aggressive and professional Indianapolis criminal defense lawyers you need to avoid being sentenced to the maximum penalties for your criminal charges. Continue reading to learn why we are a leading criminal defense law firm in Indiana, and what we will do to ensure your rights are protected and your freedoms are preserved. We may even be able to help clean up your arrest record.

The Law Office of David E. Lewis provides criminal defense representation for anyone facing criminal charges in Indianapolis, as well as, throughout the entire state of Indiana. Our highly experienced criminal defense attorneys are well-versed and seasoned in criminal law, and will work around the clock to ensure you are not subjected to the maximum penalties for your Indiana criminal charges.

Criminal Cases We Represent

Here at the Law Office of David E. Lewis, our seasoned Indianapolis criminal defense lawyers aggressively represent most state and federal criminal cases, including DUI charges, marijuana charges, heroin charges, cocaine charges, theft charges, white collar crimes, sex crimes, violent crimes, misdemeanor charges, felony charges, domestic violence charges, probation or parole violation charges, and much more. Although we represent several areas of criminal law, we specialize in drunk driving defense, so if you are charged with a DUI or OWI, we can conceivably help you avoid jail time and possibly lower or dismiss your charges.

Indiana Criminal Record Expungement

Want to clean up your criminal record? With our help, you might be able to as early as this year! You see, criminal record expungement is now legal in our state, but only under very explicit conditions. And applicants are only allotted one single opportunity to file for expungement in their lifetime. YOU CANNOT PETITION TWICE.

To make matters more challenging, only certain offenses can be expunged, and courts will only grant record expungement based on several key requirements. David E. Lewis, Attorney at Law, is well-versed in the new Indiana criminal record expungement laws, and knows the precise procedure to obtaining approval. He provides criminal record expungement services starting as low as $850!

Learn About Your Criminal Defense Needs

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation to determine the best strategies for defense pertaining to your individual charges and criminal history. When you call the Law Office of David E. Lewis, you can expect to reach a knowledgeable and friendly legal representative that will ask you a series of questions while setting up your free initial appointment. You can also submit an email directly from our website.

You can trust that all the information you give over the phone and in-person will be handled discreetly and with the upmost care and concern. Most importantly, our office is a 100% judgement-free zone, and you will feel warmth and welcome as if you were family every time you walk through our doors.

How the Law Office of David E. Lewis Sets the Bar High for Criminal Justice

Posted on May 9, 2019 by admin

When you are a client of criminal defense attorney, David E. Lewis, you can expect high standards from start to finish. He and his legal team provide professional 24/7 client communication and unparalleled client support. We understand that our clients’ needs don’t revolve around convenient office hours.

This is why we are always available by means of email or phone, and remain prepared to take action whenever our client’s, or their case, calls. Our criminal law firm never cuts corners when it comes to criminal defense, and we will always go the extra mile for our client’s and their families. We leave no stone unturned when fighting our clients’ criminal charges.

Continue below to learn why the Law Office of Attorney David E. Lewis is the right choice for your criminal defense in Indiana!

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

Our Company Pledge

We vow to never give up or back down. We use every resource in our power to preserve our clients’ freedoms and protect their rights in all ways, including:

☑ Building a Custom Defense for Each Individual Client

We are determined to win an advantageous outcome in court for clients that have been charged or convicted of a misdemeanor or felony in Indiana. He uses his cunning knowledge of law, as well as his extensive trial and litigation experience, to aggressively represent his clients in both state and federal courts.

☑ Keeping Clients Fully-Informed at All Times

Our law firm understands that an arrest in the family is troubling, and everyone has several questions afterwards. This is why we work side-by-side with our clients from start to finish, guiding them throughout the entire criminal process safely and securely, all while working to win them a better outcome in court.

☑ Respecting All Clients & Never Passing Judgement

We recognize that people make mistakes, and sometimes get caught up in the wrong place at the wrong time. The law office of David E. Lewis is committed to being a strong and reliable helping hand that stays firm in order to safeguard our client’s legal rights and re-open doors for them so they may have an opportunity for a second chance in life.

Our Mission

Our hope for all our clients is simple: That they may be reunited with their families and loved ones, and get back to leading a happy and law-abiding life after a distressing arrest. Attorney, David E. Lewis can accomplish this for many people charged with a crime in Indianapolis, Indiana.

Start Today!

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. From there, will develop the best strategies for your defense so that you can avoid the maximum penalties for your criminal charges in Indiana.

Answers to Your Questions About Public Defenders

Posted on March 27, 2019 by admin

When facing criminal charges in the United States, a defendant is given the privilege of choosing between public or private criminal defense. By opting for a public defender, a person is not obligated to pay for lawyer fees. But there is more to know and understand about public defense before moving forward with such representation.

Continue reading to review some common questions regarding public defense, and who to call for trusted legal advice in Indianapolis.

What is a Public Defender?

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges.

Are Public Defenders Real Lawyers?

Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. The major difference between private and public defense is case load. Public defenders are usually much busier, and have multiple cases working at once, which takes away from the time they can put into to a person’s defense.

Can Anyone Have a Public Defender?

If a defendant opts for a public defender, one will be appointed to them until they can prove they are indigent. Eligibility requirements for public defense varies from jurisdiction to jurisdiction. Some courts may require defendants to provide fee estimates from multiple private law firms, along with proof of financial records, to prove they cannot pay for private representation. While other courts simply take a defendant’s word or allow them to choose regardless of how much they earn.

When Will I Be Offered a Public Defender?

After an arrest, a court hearing called an arraignment will be scheduled. This is a defendant’s initial hearing in which their criminal charges will be read to them by a judge, and then they will be asked to plead ‘guilty’ or ‘not guilty’ to their charges. For those with private counsel, their attorney will already be present. As for all others, the arraignment hearing is when a defendant will be given the opportunity to accept a public defender.

Should I Choose Public Defense?

For serious criminal charges, private representation is vital in order to get the personalized, one-on-one attention your case needs to avoid the maximum penalties for your charges. Even for minor to moderate cases, private representation is a better choice because they can afford to dedicate 100 percent of their time and attention to building a strong and impactful defense against your criminal charges.

Who Can I Trust for Private Criminal Defense in Indianapolis?

Factors That Affect Jail Sentences

Posted on March 5, 2019 by admin

After being arrested or charged with a crime, there are handfuls of common questions that start to go through your mind. Some of the most commonly asked questions has to with jail time. Defendants want to know whether or not they have to serve time in jail, and if so, how long. If this is something that is also a concern to you as a person facing criminal charges, continue reading to learn which factors affect jail sentences.

⚖ Nature of Charge

The first factor that will be scrutinized by the prosecution and court magistrates is the nature or severity of the crime. For those charged with violent or sexual offenses will face a stricter level of scrutiny and judgement compared to those charged with non-violent and non-sexual offenses. In Indiana, jails are very overcrowded, so most often, those charged with a misdemeanor are not sentenced to jail time. In terms of felony charges, jail time is more likely. It all depends on the nature of the crime, as well as, the other factors discussed in this blog. Felonies are divided into 7 categories in Indiana: Level 1through Level 6, and then Murder. Level 6 felony crimes are the least serious type of felony, however, they are still punishable up to 3 years in prison.

⚖ Criminal History

Another major factor considered when facing jail time is criminal history. Prosecution and judges will look to see if a defendant has a history of being a habitual offender, or if they have any current pending charges against them. If someone has committed a series of serious offenses, especially the same ones, the state will likely want to seek a jail sentence. For instance, if a person is habitually being arrested for stealing cars, they will likely be sentenced to jail after a habitual felony arrest. On the other hand, if a person has a history of drug abuse and possession offenses, they may be order to rehabilitation programs in lieu of jail time. Again, it all depends on a variety of factors.

⚖ Strength of the Case

Another leading factor in determining a jail sentence for an accused defendant is the state’s case. If the state does not have a strong enough case against a defendant for their suspected crime, it is not likely that they will have to spend any time in jail. If the state does not have a sufficient amount of evidence to prove a defendant’s guilt at trial, the defendant’s legal team will have more luck negotiating out from jail time. If the state has a lot of evidence, and thus, a strong case, they have more leverage to seek jail time. But without a strong case, they are more likely to be lenient.

⚖ Alternative Sentencing

As mentioned, the state might offer drug rehabilitation as an alternative to jail time. They may also do this for other offenses as well. Rather than jail time, the state may allow a defendant to be sentenced to alternative programs, such as substance abuse rehabilitation, community service, victim impact panels, and similar community corrections programs.

Who to Call for Legal Advice and Representation

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney, David E. Lewis, 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 criminal charges.

Frequently Asked Questions About Defense Attorneys

Posted on February 22, 2019 by admin

If you are preparing to hire a criminal defense attorney, you are likely filled with a whole list of questions. After all, there are probably hundreds of defense lawyers to choose from in your town, making the task seemingly perplexing. On top of all of your choices, you also have the option of going with a public defender. So, in order to relieve some of your stress, start by reviewing some basic answers to questions others are asking about defense attorneys.

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

Are All Criminal Defense Lawyers the Same?

No. There are many unqualified and inexperienced lawyers that may claim to have knowledge of a certain area of law, but not extensively enough to beat federal or state criminal charges. It is important to find an attorney that has several years of experience and that has represented cases similar to yours, successfully. Be sure the lawyer you hire is proficient in the particular area of law that your charges fall under. You wouldn’t want a divorce lawyer fighting your theft charges, would you?

Is a Defense Attorney Better Than a Public Defender?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

How Much Does it Cost to Hire a Criminal Defense Lawyer?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

Where Can I Find a Skilled Defense Attorney in Indiana?

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Does it Matter Where I Hire My Criminal Defense Attorney?

Posted on July 17, 2018 by admin

If you were just recently arrested on criminal charges, the very first place to start is to hire a licensed criminal defense lawyer right away. Without private criminal defense, you risk jeopardizing your rights, your freedom, and your future. One of the most common questions about hiring a criminal lawyer involves location. Defendants like you want to know whether or not they have to hire a defense attorney in the same county as their pending criminal case.

The truth is, the answer to this question is not so cut and dry.

Indianapolis Criminal Defense 317-636-7514

Local Versus Non-Local Attorneys

The choice to hire locally or not is entirely up to you as the defendant. Your choice will be based on several factors, including your personal preference, circumstances of the case, appointed county prosecutors, opposing attorneys, judges, and much more.

For instance, if you are from a small town, you might want to hire locally because all the judges, attorneys, and prosecutors know each other well and have long-standing relationships, which could help your lawyer get you a better deal. Of course, this is not always the case in a small town. In an opposing example, if you are from a small town and facing serious criminal charges in a large city, you may choose to hire out of town in hopes of retaining a lawyer with better knowledge of big city politics.

What You Really Need to Know

The reality is that it does not matter where you hire your attorney. Hiring locally or out of town doesn’t make a difference for most criminal cases. It is the lawyer that makes the difference. However, the general rule of thumb is to hire an attorney in the city your charges are pending.

The most important part about hiring a criminal attorney is choosing one that is well-versed in the area of law you are dealing with, and one with extensive trial and litigation experience. They have the knowledge and resources it takes to build a strong and impactful defense against your criminal charges.

Call David E. Lewis, Attorney at Law

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

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Don’t Let a Criminal Charge Scare You Away From Fighting for Your Freedom

Posted on February 19, 2018 by admin

When facing a criminal charge, your life suddenly becomes up for debate. You just don’t know what the future holds until you receive that final verdict. For this reason, you need to ensure you have skilled and aggressive legal defense to protect your future and your freedom.

Criminal Defense Law Firm 317-636-7514

Defense Attorney, David E. Lewis, Will Fight Your Indiana Criminal Charge Using Every Resource in His Power! When it comes to representing clients, he is the skilled Indianapolis criminal defense lawyer who has what it takes to protect your rights and preserve your freedoms! You can avoid the maximum penalties for your charges with his aggressive legal representation!

What He Can Do For You

David E. Lewis, Attorney at Law, provides aggressive criminal defense for anyone charged with a crime in Indiana. His office is based out of Indianapolis, but his legal services are available for all cities and counties within the state. He is a licensed defense lawyer with more than 25 years of experience practicing criminal law, and has developed an extensive understanding of the how the justice system works in Indiana.

He is Always Present for His Clients

He has a passion to reunite his clients with their loved ones so they can get back to leading a happy and law-abiding life after a distressing criminal case. Call his office at 317-636-7514 if you have been charged with a crime in Indianapolis. Whether your case is small or highly complex, Attorney David E. Lewis treats all cases as if they are his own charges, and maintains an unbreakable respect for his clients.

How to Get Started

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

For a more in-depth look at the Law Office of David E. Lewis, call our Indianapolis criminal defense law firm at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana

Posted on February 1, 2018 by admin

If you were recently arrested on felony or misdemeanor charges, it would be wise to review some of the possible penalties you will face in court if found guilty. The most common court-ordered penalties include probation, ignition interlock devices, electric monitoring, home detention, community service, legal fines, and more. Violating any court-ordered terms and conditions can result in a separate set of criminal charges, including actual jail time. Continue reading to learn about some common court-ordered penalties, and which steps to take next if you are facing criminal charges.

Indianapolis Criminal Defense 317-636-7514

Probation

For anyone facing a misdemeanor charge, it is common to be sentenced to probation in lieu of serving jail time. Probation is a “probationary period” in which defendants must comply with all laws and court-ordered rules, while also completing all court-ordered tasks before their probation period is up. This period can last anywhere from 6 months to 2 years, depending on the type of convictions. It can also involve routine visitation to a probation headquarters to meet with a court-assigned probation officer. A probation officer’s job is to supervise an individual’s behavior, activity, and progress. Violation of any probationary terms, such as skipping a scheduled probation meeting or coming up positive on a drug test, can put a person back in front of another judge for additional sentencing.

Ignition Interlock Device (IID)

A common outcome for a convicted individual is an ignition interlock device (IID), which is much like a built-in breathalyzer inside a car. This device is generally reserved for habitual offenders, and installed in a person’s primary vehicle for the purpose of preventing them from driving drunk. An ignition interlock device is near the size of a mobile phone and usually installed in a car’s engine. It locks the ignition and prevents the vehicle from starting up until the driver breathes into the device, and renders a BAC level that is lower than 0.04 percent. If the offender has a BAC higher than that, the car engine will not start up. If the device reads a test that is over 0.04%, it records it and prints it out to local authorities. It is often treated as a violation, which can result in more penalties.

House Arrest

In place of jail time or imprisonment, a judge may order an offender to home detention, also known as house arrest. Those sentenced to home detention are not permitted to leave their premises under any circumstances, other than for work, rehabilitation treatment, drug/alcohol classes, court-ordered services, doctor visits, and other pre-approved activities. In fact, they are usually mandated to wear an electronic monitoring bracelet, also called an ankle monitor, which uses GPS to monitor where an individual is located. Overall, the main purpose of house arrest is to prevent a convicted individual who is under state supervision from committing more crimes or being involved in more illegal activity.

Additional Possibilities May Include:

☑ Random Drug Testing
☑ Victim Impact Panels
☑ Alcohol / Drug Education
☑ Substance Abuse Rehabilitation
☑ And More

Indianapolis Criminal Defense That Fights For You

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.