Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Was your license suspended by the court? Or perhaps the DMV? For whatever reason your licensed was temporarily suspended, you may still have a chance to get your driving privileges back. What was once referred to as “hardship” or “probationary” licenses, is now called “specialized driving privileges (SDP). This change takes place under Indiana Code 9-30-16. Continue reading to learn what SDP really is, and how to find out if you qualify.

What is SPD?

Specialized driving privileges can be given to those whose drivers’ licenses have been suspended for a temporary amount of time. They can only be granted by a court, and vary depending on a judge’s discretion. A judge will decide the limits and extent of a person’s SDP’s by taking into consideration their past records and current traffic or driving infractions. Habitual traffic offenders and serious violators will be less likely to have lenient driving authorization, whereas a person who’s been charged with their first DUI may be given more rights. If your license has been permanently revoked, you would not be eligible for SDPs in Indiana.

Limitations

Indianapolis Criminal Defense

Indianapolis Criminal Defense 317-636-7514

Specialized driving privileges can include a wide spectrum of driving consents. But again, the extent of permission is entirely up to the court. A judge may allow a person to drive to and from work, to and from school, to and from daycare, or simple drive during certain specified times of the day. They may also allow you to drive anywhere and anytime you like, with the condition of an ignition interlock device (IID), which prohibits drivers from starting their vehicles under the influence of alcohol.

Qualifying

Specialized driving privileges, when granted, are usually given for at least 180 days. Those who qualify and do not qualify for SDPs include a broad range of people. For instance, the legislature decided that SDPs do NOT apply to those who have never had a valid drivers’ license, who have a commercial drivers’ license (CDL), and who have refused a chemical test (IN 9-30-6).

However, those who DO qualify include:

• Habitual Traffic Violators (HTV)
• DUI Suspensions
• OWI Suspensions
• OVWI Suspensions
• Insurance Suspensions
• Court-Ordered Suspensions
• BMV Suspensions
• Unpaid Traffic Tickets
• And More

Criminal Defense in Indiana

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indiana. He will fight around the clock to build a strong and impactful defense against your criminal charges, all to protect your rights and preserve your freedoms. He offers free initial consultations to discuss your criminal charges and determine the best route for defense. Call 317-636-7514 today to schedule your appointment, and get started on a path to a better future.

Tips for Avoiding Arrest at the Indianapolis 500 Race Track

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

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

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

Public Intoxication and Other Alcohol Related Crimes

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

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

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

AVOID…

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

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

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

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

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

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

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

Tips for Handling an Arrest

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

Arrested at the Indy 500?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

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

Types of Specialized Criminal Courts in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

In Indiana, there are two primary types of court cases, civil and criminal. Most civil cases involve a plaintiff suing for restitution or compensation. Common examples are divorce and child custody cases. In contrast, criminal cases involve enforcing laws and seeking punishment for crimes committed. In civil cases, a person is seeking money, but in criminal cases, the party pressing charges is seeking punishment.

The government, or state, is generally the party that brings criminal charges against a person. Once this happens, the person will go to court to stand trial on the charges. There are three main categories of criminal court, all of which deal with different types of criminal cases. Continue reading to learn about the types of specialized criminal courts in Indiana.

Indiana Criminal Courts

The three main types of specialized criminal courts include major felony, misdemeanor, and juvenile court. Each court system deals with the specific charges and penalties under their category. However, this can also depend on the county in which your crimes originated. And in some cases, minors are tried as adults in felony or misdemeanor court if their crimes are severe. Take a closer look at each type of specialized court system in Indiana:

Felony Court – If a person is charged with a major felony, they will stand trial in an Indiana felony court. A major felony can be anywhere between a Level 5 and a Level 2 felony crime, as well as, murder. However, a major felony may be considered any level felony depending on the county in which the crimes originated. A felony is any crime that is punishable by 1 year or more in jail. For example, if Jack stole a car, he would be arrested for suspicion of car theft. Next, the state would bring felony theft charges against him and then he would go to felony court to stand trial.

Misdemeanor Court – Misdemeanors are lesser offenses than felonies. A misdemeanor is any crime that is punishable by up to 1 year in jail. Common examples of misdemeanor crimes include shoplifting, public intoxication, driving with a suspended license, and so on. Misdemeanors are classified into three classes, from A to C, depending on the severity of the crime and criminal history. The most serious is a “Class A” misdemeanor. If a person is charged with a misdemeanor, they will stand trial in an Indiana misdemeanor court.

Juvenile Court – If a person is charged with a crime, and they are under 17 years old, they will generally stand trial in an Indiana juvenile court. In the case that a crime is a typical juvenile offense, such as trespassing or petty theft, they will remain in the juvenile court system. However, in the case that the crime committed is a serious or egregious offense, minors may be tried as adults in felony court. It largely depends on the state in which the crimes originated.

Indianapolis Criminal Defense Lawyer

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 when you need an Indianapolis criminal defense lawyer that stops at nothing to protect your rights and preserve your freedoms. With extensive trial and litigation experience, and a drive that never stops, Attorney David E. Lewis will build a strong defense and impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation to discuss your case with an experienced criminal defense attorney in Indianapolis, IN.

Understanding Your Miranda Rights

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

The American criminal jurisprudence known as the “Miranda Rights”, have been a popular script addition to thousands of movies and television shows ever since the United States Supreme Court ruled on the rights of criminal suspects. For this reason, you may be able to recite a good portion of them already. But it is wise to fully understand your rights as a suspected criminal in the case that it ever happens to you or someone you love. A good place to start is to review the meaning behind your Miranda Rights.

Miranda vs. The State of Arizona

It was a case entitled, “Miranda versus the state of Arizona” that brought about the creation of the modern-day Miranda Rights as we known them. In 1966, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights BEFORE police questioning or interrogation. These rights have mostly to do with the 5th and 6th Amendments. Let’s take a closer look at those, as well as, the exact Miranda Rights as they are read by law enforcement today.

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

The Miranda Rights

1. You Have the Right to Remain Silent. This means you can legally refuse to speak or answer questions about a crime and there is nothing police can do about it.

2. Anything You Say or Do Can Be Used Against You in a Court of Law. This is a very critical warning that tells defendants any incriminating engagement with law enforcement will be used against them in court.

3. You Have the Right to Consult an Attorney Before Speaking to Police, and Have an Attorney Present During Questioning Now or in the Future. This right should be invoked clearly by simply stating you don’t want to answer questions without your lawyer present. After this has been made clear to police, any further interrogation cannot take place.

4. If You Cannot Afford an Attorney, One Will Be Appointed for You Before Any Questioning if You Wish. If you cannot afford a lawyer, a public attorney will be appointed to your case. Always consult your P.A. before answering police questions.

5. If You Decide to Answer Any Questions Now Without a Lawyer Present, You Still Have the Right to Stop Answering at Any Time Until You Talk to a Lawyer. If at any time a person gets uncomfortable during police questioning, they can legally refuse to proceed without consulting their lawyer first. A person can tell law enforcement that they want the questioning to stop until they have a lawyer present.

6. Knowing and Understanding Your Rights as They’ve Been Explained to You, Are You Willing to Answer Any Questions Without an Attorney Present? This question, or one like it, is what police use to get suspects to waive their rights. They generally also ask to sign a written waiver.

Although it is important to know the Miranda Rights, if you are ever confronted by police for questioning, there are two basic rules to remember in order to protect yourself legally: remain silent and ask for a lawyer.

Indianapolis Criminal Defense Lawyer

David E. Lewis Attorney at Law

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

Call David E. Lewis Attorney at Law at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our criminal defense law firm offers free initial consultations and never passes judgement on anyone. If you have been charged with a crime, let Attorney David E. Lewis build a strong and impactful defense for your case to reduce or dismiss criminal charges and convictions. Call 317-636-7514 to schedule an appointment with a licensed Indianapolis criminal defense lawyer you can trust.

What Happens to Foreign Nationals that Commit Crimes in the United States?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

The United States Immigration and Customs Enforcement Office, or ICE, enforce various federal laws concerning border control, immigration, trade, and customs for the United States of America, in order to uphold homeland security and public safety. They do everything in their power to prevent threats and acts of terrorism, human trafficking, illegal trading, illegal importing and exporting, transnational crimes, and much more, all while focusing on smart immigration enforcement. ICE is an integral part of our country’s national security, and as U.S. citizens, we should be very grateful for their efforts. Continue reading to learn more about immigration court, and how non-citizens are informed of an indictment in the United States.

Illegal Immigrant Crimes

If the United States Immigration and Customs Enforcement Office (ICE) suspects a non-citizen has committed an offense that makes them eligible for deportation, they notify the immigration court who will then issue a “Notice to Appear” (NTA). This is an official government document that formally requests a person’s presence in court (in this case, immigration court) in order to begin the removal proceedings against them.

This document is generally sent through postal mail to a person’s last known address or attorney, or hand-delivered by an immigrations officer. It contains the criminal allegations and charges against them, as well as, the time, date and location of their mandatory appearance before a judge. Their hearing is generally within 10 days of receiving the notice.

When a person arrives for court and appears before the immigration judge, the judge might detain the individual and then schedule a bond hearing to determine whether or not to release them later. Then the judge schedules a Master Calendar Hearing, generally the initial hearing in most immigration cases, to review the charges and evidence against them. At this hearing, the immigration judge will go on to then schedule an Individual Merits Hearing. During the Individual Merits Hearing, the government must prove the charges alleged in the NTA against the non-citizen defendant. The non-citizen defendant can refute these allegations with witnesses and testimony if they so choose. At the conclusion of this hearing, the immigration judge will decide if the foreign national should be removed from the country or not.

Indiana Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your recent criminal charges in Indianapolis, Indiana. He is a seasoned criminal defense lawyer that will fight to protect your rights and preserve your freedoms after being charged with a crime in Indiana. Our law firm offers free initial consultations for those charged with a misdemeanor or felony crime. We work around the clock to build a strong and impactful defense against your criminal allegations. Call 317-636-7514 to speak with a licensed criminal defense attorney in Indianapolis you can trust.

David E. Lewis Attorney at Law Launches a Brand New Criminal Defense Website!

Check out our new website that is easy to navigate and full of useful information! Get information regarding all types of criminal charges, as well as, probation violations, warrants, FTA’s, expungement, and much more!

David E. Lewis Attorney at Law

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

David E. Lewis is a seasoned criminal defense attorney with more than 25 years of experience practicing criminal law in Indiana. He graduated from Indiana University in 1987 with a degree in Political Science, and was then accepted into Indiana University Law School. While attending law school, David E. Lewis not only worked as a bailiff for Marion County Superior Court III, but also worked in the Marion County Public Defenders’ Office.

Eventually graduating from law school in 1990, Attorney David E. Lewis was ready to hit the ground running! His compassion for those facing criminal charges runs deep, as does his drive to protect their rights and preserve their freedoms. For this reason, he started out working as a Master Commissioner for the Marion County courts, strictly presiding over criminal cases.

Through these years, he was able to gain an extensive amount of knowledge and experience of all sides of the law, making him a strong and effective counselor. From there, he knew he wanted to do more for people in need of compassionate criminal defense. So he began his own criminal defense practice, and over the past two decades, has now helped thousands of Indiana defendants reduce or dismiss their criminal charges. He is an upstanding member of the Indiana Trial Lawyers Association, as well as, the Indianapolis Law Club. He works around the clock for his clients to ensure their rights and freedoms are protected, and that they receive the most favorable outcome possible in court for their particular criminal charges.

David E. Lewis Attorney at Law

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

Call his office today at 317-636-7514 to schedule a free initial consultation to discuss your criminal case and learn which strategies are best for your defense. Or visit his new criminal defense website to learn more about his practice. Trust David E. Lewis, Attorney at Law, to keep your best interests in mind when building an impactful defense for your criminal charges.