Tag Archives: criminal defense law firm

Can I Tape Record an On-Duty Police Officer?

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Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

With the abundance of audio and video technology available today, most people are walking around with cameras and smart phones that have high-tech capabilities. And with the combination of free Wi-Fi and personal hot spot zones, they can easily and instantly share and upload their recordings from almost anywhere. Over the past few years, a popular use for personal recording devices has been to record police encounters.

As more and more police brutality stories are hitting the news, more and more citizens are becoming paranoid of cops using excessive force or unfair use of their authority. For this reason, many more people are choosing to audio tape their personal encounters with law enforcement, while many others are choosing to video record on-duty police interacting with other citizens or suspects.

Your Rights to Record

But does the law set limitations for this? Are people allowed to record and publicize on-duty police? Lately, this has been a hot topic among law enforcement, the American public, and the Supreme Court. Many people believe it is an obstruction of justice, and even dangerous, to tape record on-duty officers. They argue that the right to film could cause problems conducting sensitive investigations, securing crime scenes, and even discourage people from speaking honestly with cops.

For instance, a couple of years ago Illinois passed an eavesdropping bill that punished anyone who recorded an on-duty police officer in a public place without consent of all parties. The penalty for violators included a felony charge and up to 15 years in prison. This law was later found unconstitutional in a federal appeals court since it violated free speech rights. The opposition filed an appeal against this ruling, but the Supreme Court declined to hear it. This left the federal appeals court conclusions, binding. This means that it is LEGAL in all 50 states to record on-duty police officers in a public place (without consent) as long as it does not interfere with them doing their job.

Sending the Right Message

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

It is important to remember that the police brutality videos shared over the years are not an accurate representation of all police officers whatsoever. Every person is different, and the cops that chose the poor behaviors recorded in such videos are individuals acting out on their own personal emotions and agendas. Many times, law enforcement is unfairly publicized in a poor light, giving the impression that they have done something inappropriate when they have simply followed protocol.

It is important to know the difference, and to also appreciate and respect our city’s first line of defense.

On the other hand, the duty of law enforcement is to protect, not intimidate. So if you believe you were unfairly treated by a police officer, it is recommended to contact a criminal defense lawyer to learn your rights. Choose a lawyer with experience and a passion for justice. Choose Attorney David E. Lewis.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

A Fake ID Charge is More Serious Than You Think

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

It is that time of year when students bring their summer vacation to a close, and return to campus for another semester of school. One of the most common criminal charges that college students are arrested for, especially during back-to-school time, is using false identification to purchase alcohol or gain access into bars and night clubs. Although this is such a common offense among young adults under the legal drinking age, it is no less serious. In fact, the consequences of using a fake I.D. can be life-long, and affect a student’s reputation far after they graduate college.

The damaging effects of a fake I.D. charge on a person’s criminal record are reality, which is why it is critical to retain an experienced criminal defense attorney if you or someone you love is facing false identification charges. Continue reading to learn about the potential effects these kinds of charges can have on your life, and
what to expect when faced with them.

What to Expect From False ID Charges

You may wonder who would really care about a fake ID charge on your criminal record. After all, it seems like such a forgivable offense, right? Unfortunately, this notion is far from right. There are people and organizations that WILL care about a false identification charge on your criminal record. These mostly include the government and potential employers. Being arrested with, or for using, a fake ID makes a person look dishonest and untrustworthy to future employers and government organizations.

For instance, if you wanted to pursue a career in finance or other high-security field (engineering, intelligence, technology, etc.), this type of criminal charge could put you out of the running when up against other potential candidates for the job you want. At the same time, the government would view this criminal charge as a breach of trust, which can make it more difficult to get security clearances or obtain licenses. It can also impact an international student’s F1 Visa.

Actual Charges

When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the state they committed the crime in. Some states charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more. On the other hand, prosecutors have the jurisdiction to charge offenders with more serious offenses in the case of a fake ID arrest, including misdemeanor deception or felony forgery.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 if you or a loved one was arrested for using a fake ID in Indiana. He will stop at nothing to protect your rights and preserve your freedoms. Our Indianapolis criminal defense law firm offers free initial consultations to discuss the options for your case. Call 317-636-7514 to schedule an appointment with Indianapolis defense lawyer, David E. Lewis, today.

The Laws Surrounding Graffiti Crimes in Indiana

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Graffiti can be quite stunning, but it can only be appropriate in the right setting. For instance, graffiti murals and paintings are a popular trend right now for commercial venues and businesses. But if graffiti is not welcomed, it becomes a legal issue. When a person graffiti’s public or private property, whether commercial or residential, they are committing a crime in the eyes of Indiana law. This type of graffiti is a form of property damage that falls under the crime of criminal mischief.

Criminal Mischief Charges

Criminal mischief is defined as “recklessly, knowingly, or intentionally causing damage or defacement to a property without their consent.” A person found guilty of such charges can face jail time, court fees, fines, and additional court-ordered penalties. But the extent of criminal charges for property damage offenses depends on the total value of damage. For instance, if a kid spray paints the side of a park bench, and the damage equals out to $200, the charges would be less serious; whereas, if a person graffiti’s an entire school playground and the damages add up to thousands of dollars, the criminal charges will be more serious.

Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.

It is important to retain the services of an experience criminal defense lawyer to increase your chances of reducing or dismissing charges and penalties for graffiti crimes.

Indianapolis Criminal Defense

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 to discuss your criminal mischief charges in Indiana. As an aggressive and experienced Indianapolis criminal defense lawyer, he will work around the clock to obtain a more favorable outcome for you. Schedule a free initial consultation to learn your options for criminal defense. Call 317-636-7514, today.

How Long Does a Prosecutor Have to Bring Criminal Charges Against Someone?

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Indianapolis Criminal Defense Attorney 317-636-7514

Indianapolis Criminal Defense Attorney 317-636-7514

On television, you are likely to see extravagant plots about fugitives running from the law and living out their lives happily-ever-after in a faraway place. But in real life, out-running the law is not a likely circumstance, nor the ideal option for dealing with criminal charges. However, in the rare case that criminal charges never catch up to a person, is it possible for their charges to be dropped if a long amount of time passes by? Continue reading for the answer.

Indiana Statutes of Limitations for Criminal Charges

In Indiana, there are statutes of limitations that outline the amount of time a prosecutor has to bring charges against a person after the commission of a crime. The length of time can depend on a variety of factors, but mostly depends on the severity of the criminal act. For example, time lengths can be extended if the state makes an error that results in a case being dismissed. In this case, the state must bring charges against the defendant within 90 days following the dismissal. Also, if a defendant is not a resident in the state or conceals evidence of their crime, statute of limitations can be extended.

After the commission of a crime, the state has so many years to charge a person for that crime. Below is a brief overview of these limitations.

Misdemeanor Crimes: 2 Years

Level 6 Felonies: 5 Years

Level 3, 4 & 5 Felonies (excluding sex crimes): 5 Years*

*Charges can be brought within 1 year of the state first discovering evidence through DNA analysis, or if they could have discovered evidence through DNA analysis with due diligence.

Level 1 & 2 Felonies: No time limitation. The state can bring charges against a person for as long as they are alive.

Murder: No time limitation. The state can bring charges against a person anytime regardless of how long it’s been since the victim’s death and the commission of the crime.

Sex Crimes: The state must bring charges against a person before their VICTIM turns 31 years of age.*

*Sex crimes include child molestation, statutory rape, child solicitation, vicarious sexual gratification, child seduction, incest, etc.

Forgery Crimes: 5 Years*

*Time lengths can be extended by the 3 factors mentioned earlier in the blog.

If You Have Been Charged With a Crime…

Since there are so many variables that can limit or extend the amount of time the state has to bring charges against you, it is best to consult with an experience criminal defense attorney for a better understanding of the Indiana criminal process. Not only can they properly navigate your case with your best interests in mind, they can help protect your rights and preserve your freedoms.

David E. Lewis Criminal Defense Attorney

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

David E. Lewis, Attorney at Law is an Indianapolis criminal defense lawyer with decades of experience defending those facing criminal charges. Call our law firm today at 317-636-7514 to schedule a free initial appointment to discuss your case and begin developing a plan to protect yourself. Your best chance at avoiding the maximum penalties for your charges is to hire an aggressive criminal attorney that knows the system. David E. Lewis is that attorney that will work around the clock fighting to defend your case! Call 317-636-7514 to learn more about criminal law in Indiana, and your options as someone facing criminal charges in Indiana.

Comprehending Arrest Warrants and Other Types of Court Issued Warrants

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

When a person commits a crime, or is guilty under penalty of law, they are expected to obey their court orders and instruction until they have fulfilled their obligations to the court. If a person who is under court ruling disobeys their rules and regulations, such as failing to appear for a court hearing or violating their probation orders, they will be issued a warrant for their re-arrest.

When this happens, the local police are notified, the Department of Motor Vehicles is alerted, and online databases are updated to inform the public of the notice. If you have a warrant out for your arrest, you need to turn yourself in to authorities at the local police station; otherwise, you are considered a fugitive of the law.

Arrest Warrants

A person with a warrant out for their arrest can expect to live with a great deal of paranoia. This is because they can be picked up by the police and arrested on the spot at any place. They can be arrested at work, at home, in the gym, and anywhere else they might be noticed or discovered. Having a warrant is a serious, but resolvable situation. A person needs to contact a criminal defense warrant lawyer and turn themselves into law enforcement before they get in more legal trouble.

Bench Warrants

A bench warrant is another term used for arrest warrant. Specifically, a bench warrant is intended to flag someone for violation, and call them to the judge’s “bench” for sentencing. They are generally issued when a person fails a court ordered drug test, skips a probation meeting, misses a court date, fails to pay a speeding ticket, or commits other similar court violations and minor infractions. Same as any other warrant, it is advised to turn yourself in before your legal situation escalates into something bigger.

Indianapolis Criminal Attorney

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 if you have been charged with a crime in Indianapolis and need professional legal defense you can trust. Our criminal defense law firm offers free initial consultations and information about retaining legal counsel for criminal charges and convictions. We even offer services for criminal record expungement in Indiana. Call 317-636-7514 to secure your rights and preserve your freedoms, today.

Information About Felony Tax Evasion Crimes and Convictions

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

If a person fails to pay or underpays their taxes, they can be charged with the crime of tax evasion, also referred to as tax fraud. Tax evasion is generally the act of purposely neglecting to pay taxes in full, while tax fraud can better be applied to the act of fraudulently filling out tax documents to owe less money.
Whether accused of tax evasion or tax fraud, the penalties for these white collar crimes are severe.

It is important to discuss your criminal charges with a knowledgeable fraud lawyer and learn what legal options are available to you. A licensed and experienced criminal defense attorney will fight for your rights using every resource in their power to ensure your freedoms are protected and preserved. With a seasoned criminal lawyer in your corner, your odds at avoiding jail time and other harsh penalties are much higher. Take on the weight of your criminal charges by hiring a licensed criminal lawyer that can place you in the best possible legal position.

Taxes Include but are Not Limited to:

• Excise
• Income
• Gaming
• Property
• Sales
• State
• Federal
• And More

Evasion of tax is a Level 6 Felony offense in Indiana, which is punishable by 1 year or more in prison, fines up to $10,000, various court-ordered penalties, and a life-long felony record. Failing to preserve one’s tax records for the Department of Revenue (DOR) to review is also a crime, charged as a Class A Misdemeanor and punishable by up to 1 year in jail, up to five thousand dollars in fines, and additional court-ordered penalties. The best chance at avoiding these maximum penalties is having the right defense lawyer on your side. Attorney David E. Lewis knows how to fight allegations of tax fraud and evasion, and will protect you from overly-aggressive prosecution.

Types of Tax Evasion Crimes:

• Fraudulently Filling Out Tax Documents to Owe Less
• Failing to Pay Income Taxes
• Failing to Pay Non-Income Taxes
• Failing to File State Income Taxes
• Failing to Report Income
• Reporting Income Gained from Illegal Activity as a Legal Source of Income
• Inflating Tax Deductions to Owe Less
• Deliberately Assigning Inaccurate Values to Assets
• Hiding Assets or Income
• Prohibiting the Indiana Department of Revenue from Examining Records
• Failing to Produce Records or Testimony
• Defrauding the DOR
• “Cooking the Books” Making False Record Entries

Arrests never come at a convenient time, and facing charges for tax evasion or other serious fraud crimes can make you fearful and confused. It is necessary to have the proper guidance in order to make the best legal decisions under the stress of pending criminal charges. Your next few moves could greatly influence and impact the outcome of your case, and ultimately, your future.

Indianapolis Fraud Crime Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to avoid felony charges for fraud crimes in Indiana. He is a licensed fraud crime lawyer with decades of trial and litigation experience in criminal law. Schedule a free consultation to discuss your legal options today. He will get to work instantly, investigating your case and building a powerful defense on your behalf. He will take your case to trial if he has to, and challenge any evidence brought against you in an effort to obtain the most favorable resolution possible. Call our office at 317-636-7514 right away if you are facing fraud charges in Indianapolis, IN.

Carjacking Charges and Criminal Defense in Indiana

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Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Carjacking is the crime of stealing another person’s motorized property by means of violence, force, assault, or intimidation, with the intent to deprive them of their property indefinitely. Motorized property includes vehicles, boats, campers, motorcycles, and more. Without threat or force, carjacking is simply grand theft auto. In Indiana, carjacking is a classified as a violent crime and penalized severely. And since the act of carjacking generally involves additional crimes like theft and assault, a person is likely to face multiple charges, making the maximum penalties even more severe. Those convicted face long-term imprisonment, hefty fines, strict court-orders, loss of liberties, and a felony criminal record for life.

Indiana Carjacking Penalties

The carjacking statute was repealed in July of 2014, and is now included under Indiana’s general robbery statute. This means carjacking crimes face the same level of punishment as robbery crimes in Indiana.

Level 5 Felony

The general crime of carjacking is a Level 5 Felony, punishable by up to 6 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Level 3 Felony

If the crime of carjacking involves a deadly weapon or moderate bodily injury to another person, it is a Level 3 Felony, punishable by up to 16 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Level 2 Felony

If the crime of carjacking involves serious bodily injury to another person, it is a Level 2 Felony, punishable by up to 16 years in prison, up to $10,000 in fines, and additional court-ordered penalties.

Aggressive Defense for Violent Crime Charges

It is critical to retain aggressive legal representation immediately following a carjacking arrest if you wish to avoid jail time and other harsh consequences. Attorney David E. Lewis has a comprehensive understanding of the Indiana prosecution and criminal process, and how the government evaluates carjacking cases. With this knowledge, he uses the law in his favor to craft impenetrable defenses against violent crime charges, and pursue higher-quality outcomes for his clients. You can feel confident knowing that he is doing everything in his power to conquer your criminal charges and get you the best legal results possible. Call him today at 317-636-7514 to schedule a FREE CASE EVALUATION and secure your constitutional rights.

Indianapolis Violent Crimes Lawyer

David E. Lewis Attorney at Law

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

Don’t waste another minute living in fear after being charged with a violent crime in Indiana. Let David E. Lewis, Attorney at Law, take on the weight of your legal matters and attain a successful resolution to your case. With The Law Office of David E. Lewis in your corner, you never have to fear for your future, family, or freedom. Because he maintains open communication and never use confusing legal jargon, you are always fully aware of your case proceedings and status. He ensures that you feel like you are safe and secure, and more importantly, a priority. After you speak to David E. Lewis, your fear will subside, and you will gain confidence knowing your case is in the hands of a competent and committed lawyer. Call our office at 317-636-7514 to find your path to salvation and justice.

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

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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.