Why You Should Rethink Your Decision to Use a Public Defender

Posted on September 13, 2023 by admin

When faced with criminal charges, the decision of who will represent your defense is paramount. You may be considering a public defender, a choice that seems both convenient and cost-effective. Before you make your decision, it’s essential to understand fully what this choice implies. This blog post will explore the challenges and potential pitfalls of utilizing a public defender for your criminal defense, highlighting why you might want to reconsider and seek a different path.

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Top 4 Reasons Why You Should Not Use a Public Defender

1) Public Defenders’ Offices are Jam Packed With Cases

First, it’s important to keep in mind that public defenders are generally overworked. Due to the high volume of cases that they handle, public defenders may not be able to offer the same level of care and attention as a private criminal defense attorney. They also lack the resources necessary for certain challenges such as investigating witnesses or traveling out-of-state for jury selection. These limitations can significantly affect the outcome of your case.

2) Public Defense is Not Experienced Defense

Second, public defenders often have less experience than private attorneys. Private attorneys typically specialize in specific areas of law and offer more expertise than a single public defender assigned to multiple cases. Furthermore, because they lack the resources and funding that private attorneys have at their disposal, public defenders may be inexperienced when it comes to certain strategies or tactics that could benefit your case.

3) Public Defenders are Not Personable

Third, the relationship between a client and a public defender may not be as personal or intimate as with a private attorney. Public defenders often have to juggle multiple cases at once, leaving them less time to build trust and communicate openly with their clients. As such, they may not fully understand your goals or particular circumstances, something essential when defending a criminal case.

4) Public Defense Counselors Can Charge You

Finally, public defenders are not always straightforward about their charges and fees. It’s common for them to ask for money upfront, but there’s no guarantee that all costs will be covered or that you won’t be charged extra for certain services. This lack of transparency can leave clients feeling taken advantage of or frustrated with the process.

The Benefits of Hiring a Private Criminal Defense Lawyer:

1. Knowledge of the Law

When it comes to protecting your rights, it is essential to hire a criminal defense attorney who is knowledgeable about the law and experienced in handling cases like yours. A private criminal defense counselor can provide you with the legal advice and representation you need to ensure that your rights are protected throughout the legal process. They can also help you understand your options and make sure that any plea deals or sentences are fair and just.

2. Access to Resources

Hiring a private criminal defense lawyer gives you access to resources that may not be available to you if you were representing yourself. Private attorneys have access to investigators, expert witnesses, forensic specialists, and other professionals who can help build a strong case for your defense. Additionally, they can use their connections within the legal system to negotiate better plea deals or sentences on your behalf.

3. Personal Attention

When you retain a private criminal defense attorney, they will give your case their full attention and focus on providing personalized service tailored specifically for your needs. Unlike public defenders who may be overworked and understaffed, private counselors will take the time necessary to thoroughly review all of the evidence in your case and develop an effective strategy for defending you in court.

In Conclusion

Ultimately, if you’re facing criminal charges, it’s best to hire a private attorney with experience in your specific situation rather than . Private criminal defense lawyers have the resources and expertise needed to properly defend you against any charge. They also build strong relationships with their clients and are transparent about costs and fees.

The decision of who will represent your defense is too important to take lightly. Before you make a decision, consider the potential risks and pitfalls of utilizing a public defender and weigh them against the benefits of hiring a private criminal defense lawyer. With the right attorney on your side, you can have confidence in the outcome of your case.

If you are facing criminal charges, it’s essential that you seek the advice of a qualified lawyer as soon as possible. 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!

Unraveling the Complexities: Coercion in Criminal Cases

Posted on August 16, 2023 by admin

In the complex world of criminal law, few concepts are as misunderstood and fraught with nuances as coercion. Coercion, as it relates to criminal cases, manifests in a myriad of ways, often blurring the lines between guilt and innocence. It’s a critical topic that commands our attention as it encroaches upon the fundamental principles of justice and fairness.

In this blog post, we will seek to demystify coercion, delve into its implications within the realm of criminal law, and shed light on the potential ramifications of coercion charges. Our aim is to provide you with an insightful narrative that amplifies your understanding of this topic and its significance in the criminal justice system.

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What is the Coercion Definition?

Coercion is a concept that has been around since antiquated law and government, but its definition and application have evolved over time. Generally speaking, coercion involves the use of physical or psychological force to compel someone into taking an action against their will. More specifically, according to U.S. law, it is defined as “the use or threatened use of unlawful force upon any person which induces him or her to do an act against his or her will.” The implications of such a charge vary greatly from case to case, as the circumstances and definition of coercive behavior may differ based on applicable laws in different jurisdictions.

How Coercion Applies to Criminal Cases

In criminal cases, coercion is often used as evidence of guilt. Prosecutors may argue that a defendant coerced someone into providing false testimony or otherwise participating in a criminal act. This type of coercion is referred to as witness tampering, and it can be extremely difficult for the defense to prove that no coercion occurred. In addition, certain types of intimidation or threats may also constitute coercive behavior, making it difficult for defendants to defend themselves against such charges.

Types of Coercion

It is important to note that coercion does not always involve physical violence or threats. In certain cases, coercion can take the form of manipulation or psychological coercion, which is far less obvious than physical force. Manipulation through lies and deception may be used to convince someone to act in a particular way—even if they don’t want to do so. This type of coercion is often difficult to detect and even harder to prove, making it a powerful tool for prosecutors seeking to prove their case.

In Summary

In summary, coercive behavior has the potential to significantly alter the course of a criminal case, as it can be used as evidence of guilt and lead to significant repercussions if found to be true. As such, it is important for defendants and other parties involved in criminal cases to understand the implications of coercion and how it may affect the outcome of their case. If you’re facing coercion charges in Indiana, it’s crucial to understand the possible penalties you may be up against.

Coercion is a serious offense that can lead to severe consequences. If convicted, your sentence may include jail time, hefty fines, or probation. The final punishment depends on the severity of your actions, evidence presented in court, and the presiding judge’s discretion. Coercion is not something anyone should take lightly, and legal consequences are no exception. So, it’s essential to hire a competent attorney to assist you in building the most persuasive defense possible, given the weight of the charges.

Remember, if you are accused of coercion, it’s essential to make sure that your rights are protected under Indiana law to get the best possible outcome. 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 probation violation!

Entrapment in Criminal Cases: Should You Take Legal Action?

Posted on August 8, 2023 by admin

Entrapment in criminal cases is a defense that is often misunderstood and misinterpreted. This concept involves law enforcement officials inducing a person to commit a crime that they would not ordinarily be inclined to commit. While it can serve as a powerful defense, understanding when and how to leverage it is crucial.

This blog post discusses some of the complexities of criminal entrapment, helping you make informed decisions about your legal course of action if you ever face such circumstances. We will explore the legal definition of entrapment, its implications, and most importantly, the factors to consider when deciding whether to take legal action.

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The Legal Definition of Entrapment

In order to be considered entrapment, the criminal conduct must have been induced or encouraged by a law enforcement official. This means that an individual cannot be held liable for committing a crime due to their own inclination or free will; rather, they must have been lured into it by an officer of the law. Moreover, it must be determined that the individual would not have been likely to commit the criminal act had it not been for this inducement. Otherwise, they can be found guilty of the crime despite their entrapment defense.

The Implications of Entrapment

When a person has successfully proven entrapment in criminal cases, they will be protected from conviction. This is because it’s not considered fair to punish someone for a crime that they were persuaded into committing. Furthermore, entrapment can also serve as an important means of thwarting law enforcement officials who are overstepping their bounds and attempting to coerce individuals into committing crimes against their will or better judgement.

Should You Take Legal Action?

When it comes to deciding whether or not to take legal action in the case of alleged entrapment, you should consult a criminal defense lawyer who can better evaluate your situation and advise on how to proceed. It is important to assess the evidence at hand and weigh your options carefully, as taking legal action could have serious implications for both you and the arresting officer. Ultimately, it is important to remember that entrapment can be a powerful defense, but only if used correctly. When in doubt, seek professional counsel to help guide your decision-making process and ensure that justice is served.

Speak to a Criminal Defense Lawyer

Ultimately, understanding the legal definition of entrapment and its implications when deciding whether or not to take legal action is crucial. Facing criminal charges can be a daunting experience for any individual, and enlisting the help of a knowledgeable Indianapolis criminal defense lawyer can make all the difference in navigating these difficult waters. In any case, knowing your rights and understanding when entrapment is applicable will go far in protecting you from undue punishment and ensuring that justice is served.

If you are ever in doubt about whether or not to pursue legal action due to the possibility of entrapment, it is always best to consult a criminal defense attorney who can provide guidance and help determine the best course of action. By arming yourself with knowledge and seeking professional counsel, you can make sure that your rights are upheld while ensuring that justice is served.

Summary

Entrapment in criminal cases is a powerful defense against conviction, but it should only be leveraged when the circumstances fit its legal definition. Knowing when to take legal action due to entrapment requires a careful assessment of all evidence at hand and understanding of the potential implications. If you are ever in doubt, it is always best to consult a criminal defense lawyer who can provide guidance on how to protect your constitutional rights and ensure that justice is served.

Are you looking for a qualified criminal litigator who can aggressively defend your Indiana criminal charges? Contact The Law Office of 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!

10 Common Criminal Defense Strategies

Posted on July 27, 2023 by admin

In the intricate world of legal defense, a criminal defense lawyer is the cornerstone of any fair trial. Their mastery of various defense strategies can mean the difference between freedom and incarceration for the accused.

In this post, we will delve into the realm of criminal defense, outlining ten common strategies that these skilled advocates employ. We’ll demystify the legal jargon, making it understandable for everyone, whether you’re a law student, someone interested in criminal law, or you simply want to understand the legal process better. Let’s dive in and explore these strategies that play an essential role in the pursuit of justice.

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Top 10 Criminal Defense Strategies to Win Your Case

Alibi

An alibi is a defense strategy based on the fact that the accused was somewhere else at the time of the alleged crime. This type of defense can be difficult to prove, as it usually requires witnesses or other forms of evidence to corroborate its claims. However, if proven successful, an alibi could result in a case being dismissed entirely.

Innocence

Innocence is the assertion that the defendant did not commit the crime and can be proven through eyewitness testimony, physical evidence, or other forms of reliable proof. This type of defense works best when there is a lack of evidence linking the accused to the crime. However, it may also prove difficult to prove in some cases, as the prosecution may have sufficient evidence to prove guilt.

Insanity

The insanity defense is based on the principle that the defendant did commit the crime but was unable to understand right from wrong due to mental illness at the time of the offense. It is important to note that this type of defense only works if there is sufficient evidence of the accused’s mental illness at the time of the crime.

Self-Defense

This defense strategy is used when a defendant believes that they were in imminent danger and had no other way to protect themselves from harm. In this type of situation, the defendant must prove that their actions were necessary for their own protection and that they acted in a reasonable manner given the circumstances.

Mistake of Fact

The mistake of fact defense claims that the defendant was mistaken in their belief that they were not committing a crime due to incorrect information or lack of understanding about certain aspects of the law. For example, if someone believes they are legally allowed to carry a firearm in a particular state when it is actually illegal, this could be used as a defense.

Duress

Duress is based on the fact that the defendant committed the crime because they were threatened with harm or death if they did not comply. In order for this defense to work, the prosecution must prove that there was an immediate threat of violence, and that the defendant had no other reasonable course of action.

Entrapment

Entrapment is a defense that claims the defendant was coerced by law enforcement into committing a crime that they would not have otherwise done. In order to prove this defense, the accused must show evidence that they were tricked or threatened into committing the act in question.

Necessity

The necessity defense argues that the defendant had to commit a crime in order to avoid an even greater harm. In this case, the defendant must prove that their actions were justified and necessary given the circumstances of the situation.

Renunciation

This defense is based on the fact that the defendant voluntarily chose not to go through with committing a crime. If evidence can be provided that the accused abandoned their plans or took steps to prevent the offense from being committed, then this defense could be successful.

Consent

The consent defense is used when a defendant argues that the alleged victim consented to an act they are accused of committing. This type of defense is typically used in cases involving assault or sexual misconduct and requires convincing evidence that the victim was aware of the potential risks involved.

From alibi to consent, these ten criminal defense strategies are essential tools for any lawyer defending their client in a court of law. It is important to remember that each case is unique and only after examining all the facts can a skilled criminal defense attorney determine which strategy would be most effective in a particular situation.

In Summary

Criminals accused of a crime have the right to be represented by an attorney who understands the ins and outs of criminal defense strategies. A qualified lawyer will assess the situation from all angles, taking into account any mitigating factors that may help their client’s case. As such, it is important for individuals charged with a crime to seek experienced legal counsel to ensure the best possible outcome.

When it comes to criminal defense, knowledge is power. Knowing your rights and understanding the intricacies of the law can help defendants build a strong case for their defense or plea bargain for lesser charges. Understanding these common strategies can also help you become a better informed citizen, deepening your appreciation for justice and due process.

Are you looking for qualified legal representation to fight your Indiana criminal charges? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal defense attorney in Indianapolis, Indiana. Our legal team is dedicated to fiercely and intelligently defending criminal appeals, while working to secure a reduction or dismissal of your conviction.

What To Do When You Have Been Charged With a Crime

Posted on July 18, 2023 by admin

No one ever expects to be charged with a crime. When it happens, the gravity of the situation can feel overwhelming. You may not know what to do or who to turn to for help. But understanding your rights and options is key in any criminal defense case. In this blog post, we’ll discuss the steps you should take when charged with a crime, including finding an experienced criminal defense lawyer and understanding your rights. Continue reading to get started.

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Why You Should Always Take a Criminal Charge Seriously

Receiving a criminal charge can be a scary and overwhelming experience, but it is important to take it seriously. A criminal charge can lead to serious consequences, including a criminal conviction and a criminal record, which can impact your life in numerous ways. It is essential to seek the help of a criminal defense attorney who can guide you through the legal process and help you achieve the best outcome for your case. A criminal conviction can affect employment opportunities, housing options, child custody arrangements, professional licensing, firearm privileges, and even relationships with friends and family. It’s crucial to take every criminal charge seriously and work with a legal professional to ensure the best possible outcome for your future.

How to Deal With a Criminal Charge the Right Way

1. Gather Information: The first step in defending yourself against criminal charges is to carefully review all of the information available to you. Ask questions about the charges being brought against you, as well as any evidence or witnesses that may be presented by the prosecution. Your attorney can help you understand what each charge means and how it could affect your case.

2. Understand Your Rights: As soon as you are charged with a crime, remember that you still have rights protected under the Constitution—including the right not to incriminate yourself and the right to remain silent until consulting with a criminal attorney of your choice. Do not talk to police officers or prosecutors about the case without an attorney present.

3. Find a Criminal Defense Lawyer: The importance of having a competent and experienced criminal defense lawyer cannot be overstated when you are charged with a crime. A skilled defense lawyer will be knowledgeable in criminal law, understand the court system and its procedures, review evidence on your behalf, negotiate plea bargains if necessary, and protect your legal rights throughout the entire process. You have the right to choose your own attorney or may request a public defender from the court based on financial need.

4. Prepare Your Case: Once you have chosen an experienced Indianapolis criminal defense lawyer, work together to prepare for every aspect of your case, including gathering evidence, reviewing paperwork, and interviewing witnesses. Additionally, be sure to explain your side of the story completely and accurately to your attorney so they can develop the strongest defense strategy possible.

Get Professional Criminal Defense ASAP

Facing criminal charges is a serious matter and should not be taken lightly. Taking the right steps when charged with a crime can help ensure that you have access to the best legal representation available. Understanding your rights and finding an experienced criminal defense lawyer are key in any criminal defense case, allowing you to make an informed decision about how to proceed with your case.

Being charged with a crime is a trying experience, but having the right legal professional in your corner will make the process easier on you. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will obtain the best possible outcome for your criminal case!

Examining the Impact of Indiana’s Criminal Justice Reforms

Posted on June 8, 2023 by admin

Indiana has been in the process of reforming its criminal justice system for several years now, and the results have been promising. The state’s reforms have included reducing sentences for certain nonviolent offenses, investing in alternatives to incarceration, and expanding access to reentry programs. These measures are aimed at reducing prison overcrowding while still maintaining public safety. Additionally, Indiana has invested in programs that focus on helping individuals affected by crime avoid returning to prison after release.

In this blog post, we’ll take a look at how these changes have impacted Indiana’s criminal justice system and what challenges remain as we continue working towards a more equitable and effective system of justice. We’ll also discuss what other states can learn from Indiana’s experience with criminal justice reform. By understanding the successes and failures of past reform efforts, policymakers across the nation can work together to create lasting change within our country’s criminal justice systems.

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Indiana’s Criminal Justice Reforms Help Reduce Crime

Indiana’s criminal justice reforms have resulted in decreased crime rates across the state. The rate of violent crimes has dropped by nearly 20 percent since 2016, and property crime rates have also declined over the same period. This is especially apparent in areas where more resources are invested in community-based approaches to addressing crime and drug addiction. As a result, fewer individuals are facing incarceration for low-level offenses than before.

Higher Rate of Successful Reentries to Society

Additionally, Indiana has seen an increase in successful reentry outcomes among those who leave prison after their sentence has been served. This can be attributed to the expanded access to resources such as job training programs and substance abuse treatment centers that help these individuals transition back into society without resorting to criminal behavior. By providing people with the necessary support to stay out of prison, Indiana is helping reduce recidivism rates and create a safer environment for its citizens.

Common Challenges Faced by Criminal Justice Reform

Despite these successes, there are still some challenges that must be overcome before Indiana can fully realize its criminal justice reform goals. One such challenge is addressing racial disparities within the system. While African Americans make up just 10 percent of the state’s population, they represent over 30 percent of those convicted of felonies and nearly 60 percent of those incarcerated in Indiana prisons. This disparity is indicative of systemic racism within the criminal justice system and must be addressed if meaningful change is to occur.

Additionally, while overall crime rates have dropped due to reforms, there are still areas where more progress needs to be made. For example, offenses involving firearms have increased in some cities, and the number of homicides has remained largely unchanged from before the reforms began. To better address these issues, Indiana must invest more resources into programs that promote public safety and prevent crime rather than simply relying on harsher punishments for those who break the law.

In Summary

Overall, Indiana has made great strides towards reforming its criminal justice system in recent years. By investing in alternatives to incarceration and providing individuals with necessary support after release, the state has been able to reduce both prison populations and crime rates across the board. However, there is still work to be done in order to fully realize this potential and create a more equitable criminal justice system that works for everyone. Understanding the successes of Indiana’s reforms and taking the necessary steps to address the challenges that still remain is key for other states looking to replicate these results.

Are you a parolee or on probation and wish to appeal or expunge your conviction in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed appellate lawyer in Indianapolis, Indiana. We can start working on your case TODAY.

How to Prepare for Your Day in Criminal Court

Posted on May 5, 2023 by admin

Going to criminal court can be a nerve-wracking experience, and it’s important to go in prepared. Whether you are the defendant or a witness, understanding what to expect on your day in criminal court is vital for a successful outcome. Below are some tips that will help you prepare for the proceedings. With these steps taken care of beforehand, you’ll feel more confident walking into court and better positioned to protect your rights and interests throughout the process. Continue below to get started.

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Preparation Tips for Defendants Who Wish to Represent Themselves in Court

Organize Your Paperwork

Before you appear in court, make sure you have all of the paperwork related to your case. This should include your criminal complaint or indictment, any subpoenas and orders issued by the court, and documents belonging to other parties involved in the case such as police reports and affidavits. Having everything organized will help you feel more prepared for what’s ahead.

Dress Appropriately

On your day in criminal court, dress as if attending a professional meeting or job interview. Avoid wearing anything too casual like t-shirts and jeans, revealing clothing, or loud colors and patterns that may be distracting during a trial. Remember that this is an important day for you so it’s best to look presentable at all times.

Know the Charges Against You

Knowing the details of your case is essential for defending yourself in court. Make sure to review the criminal complaint or indictment and familiarize yourself with the charges brought against you and what penalties may be imposed if found guilty. This will also help to ensure that any plea bargain offered by prosecutors is fair and allows you to avoid harsher punishments down the line.

Be Aware of Any Potential Witnesses

In some cases, there may be a witness present in court who can testify on behalf of either party involved in the case. If this is the case, make sure to research their background beforehand so that you can prepare an appropriate legal argument based on their testimony if needed. It’s also important to research any potential witnesses listed in the criminal complaint or indictment as they could be essential to your defense.

Review Evidence That May Be Presented

A good way to prepare for a criminal court appearance is by reviewing the evidence that may be presented during the trial. This can include items such as photographs, audio recordings, or documents gathered by law enforcement officers. By familiarizing yourself with this material before it’s presented in court, you can better defend yourself if needed and ensure that all of your rights are being respected.

Research the Judge Who Will Preside Over Your Case

Knowing who will be presiding over your case is another important step when preparing for a day in criminal court. Researching their background, history on similar cases, and any potential biases they may have towards you (or your defense) can help you determine the best strategy to take during the proceedings.

Consider Hiring an Experienced Criminal Defense Attorney

The best way to ensure you avoid the maximum penalties for your charges is to NOT represent yourself, and instead, hire a criminal lawyer. An experienced criminal defense attorney can be extremely beneficial when it comes to preparing for and representing yourself in a criminal court trial. They will help ensure that all of your rights are being respected, guide you through the legal process, and provide advice on how to effectively defend yourself in court. Ultimately, a good lawyer is essential for achieving an outcome in your case.

Conclusion

By following these steps, you’ll be well-prepared for your day in criminal court and better positioned to protect your rights throughout the proceedings. With the right preparation, you can face the court with confidence.

Are you looking for a skilled and experienced defense attorney to represent your best interests in court? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal lawyers will get you the best possible outcome to your criminal case!

Expectations When Going to Jail: What You Need to Be Prepared For

Posted on April 18, 2023 by admin

No one ever wants to go to jail. But if you find yourself in a situation where you are facing criminal charges, it is important that you understand what to expect when going to prison or jail. Knowing this information can help prepare you for the experience and allow you to plan accordingly with the help of your criminal defense lawyer.

In this blog post, we will discuss some of the things that new inmates should be prepared for before entering a jail or prison, such as rules and regulations, safety procedures, clothing restrictions, and more. By understanding these expectations beforehand, it can make all the difference in making sure your stay is as safe and comfortable as possible.

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Jail Rules and Regulations

It is important to remember all correctional facilities have their own set rules and regulations. It is important for new inmates to familiarize themselves with these rules before entering the prison or jail. This includes understanding the facility’s protocols for communication, visitation, meals, and leisure activities. In addition, it is also important to understand what kind of clothing may be restricted in order to avoid any issues when being searched upon entry or during a periodical search.

Jail Safety Procedures

Safety measures are typically taken by the staff at prisons and jails in order to ensure all inmates stay safe while inside the facility. Some safety procedures include regular pat-downs, confiscation of weapons or anything deemed dangerous such as drugs or contraband items. Inmates should also understand that there is likely to be a zero-tolerance policy towards safety violations, which could result in disciplinary action or even additional charges.

Client-Lawyer Relationship

Incarceration can be a daunting experience for anyone, and it is important to remain calm and collected during the process. It is essential to remember your rights as an inmate and be aware of any support services available to help you through this process. Consulting with a criminal defense lawyer can provide invaluable guidance throughout this ordeal and can ensure that all of your rights are being respected.

Conclusion

By understanding these expectations before entering a correctional facility, you can better prepare yourself for the journey ahead. If you find yourself in this situation, contact an experienced criminal defense lawyer who will be able to provide invaluable guidance throughout your ordeal and make sure that all of your rights are being respected. With the right knowledge, resources, and support, you’ll have a better chance at navigating the criminal justice system and having a successful outcome.

This is a difficult time but by knowing what to expect when going to jail or prison you can take some comfort in being prepared. 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!

Understanding the Insanity Defense in Indiana

Posted on April 4, 2023 by admin

When it comes to criminal defense, one of the most complicated and controversial strategies is the insanity defense. This legal strategy is designed to challenge an accused person’s responsibility for a crime based on their mental state at the time of committing the act. In Indiana, this plea can be used in court as part of a criminal defense but there are certain criteria that must be met in order for it to be successful.

In this blog post, we’ll take a look at how an insanity plea works in Indiana and what you need to know if you or someone you know is considering using this type of defense.

Using the Insanity Defense in Indiana

In criminal defense cases, the insanity plea is an important tool that can protect defendants when their mental health is in question. In Indiana, it must be proven beyond a reasonable doubt that the defendant was mentally ill at the time of committing the act for which they are accused in order for the insanity plea to be successful. It’s crucial to understand the criteria involved and seek qualified legal help if you or someone you know is considering making use of this type of defense. An experienced attorney can provide valuable insight into what evidence would need to be presented to the court in order for a plea of insanity to stand and work with you or your loved one throughout the process. With legal help, it’s possible to get the best outcome for your case when dealing with the complexities of an insanity plea in Indiana.

What You Need to Know About Insanity Pleas

The first thing to understand about the insanity defense in Indiana is that it is known as an “affirmative defense.” This means that it must be proven beyond a reasonable doubt that the defendant was insane at the time of committing the act for which they are being accused. The burden of proof rests firmly on the accused, and in order for them to succeed with this type of plea, they must prove that due to their mental health issues, they had a distorted understanding of reality or were unable to control their actions.

If you or someone you know is considering using an insanity plea in Indiana, there are some important criteria to consider:

– The accused must have been mentally ill at the time of committing the crime.

– They must be able to prove that the mental illness caused the criminal behavior.

– The accused must have been unaware of their actions or unable to control them at the time of committing the crime.

Speak to a Criminal Defense Lawyer

The insanity defense in Indiana is a complex one, and it’s important to seek legal guidance if you or someone you know may need to use this type of defense. A qualified and experienced Indianapolis criminal defense attorney can provide advice on whether an insanity plea could be successful and what evidence would be needed in order for it to stand up in court. Understanding how an insanity plea works and its various criteria can help those facing serious criminal charges determine their best possible options for achieving a favorable outcome.

Are you or a loved one facing serious 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 law firm will get you the best possible outcome to your criminal case!

A Guide to Understanding Your Rights in Criminal Court

Posted on March 15, 2023 by admin

Navigating the criminal court system can be a daunting and confusing experience. Understanding your rights as an accused person is essential to ensure that you receive fair treatment throughout the process. Having a criminal defense lawyer on your side can help you understand what you are entitled to, but it’s important for every individual facing charges to have at least a basic understanding of their rights in criminal court.

This guide will provide an overview of some of the key aspects of navigating the criminal justice system so that individuals know what they should expect during trial.

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What You Want to Know About Indiana Criminal Court

Those in Attendance

First, it’s important to understand the roles of the key players in criminal court. The judge is responsible for overseeing the proceedings and ensuring they are conducted ethically and according to the law. The prosecutor is responsible for presenting evidence against the accused and attempting to prove that the defendant is guilty beyond reasonable doubt. The defense lawyer works on behalf of their client to challenge any evidence presented by the prosecution, as well as present any relevant evidence that could help exonerate their client. Finally, a jury of peers will make a decision based on all of the evidence presented.

Constitutional Rights

Every defendant has certain constitutional rights during trial, such as protection from self-incrimination and unreasonable searches and seizures. They also have a right to be represented by an attorney and to challenge any evidence presented against them. Additionally, the burden of proof is on the prosecution to demonstrate that the defendant is guilty beyond reasonable doubt—the court will not assume guilt unless this standard is met.

Pleas

In criminal court, defendants are often required to enter a plea in regard to their charges. It’s important for individuals facing criminal charges to understand the different types of pleas they can enter, as well as the consequences associated with each one. Generally, defendants can plead innocent or guilty, as well as no contest if they wish not to contest their charges but still acknowledge potential guilt.

Talk to a Criminal Defense Attorney for Personalized Legal Advice

Navigating criminal court can be complicated and it’s essential that individuals facing criminal charges have an understanding of their rights and responsibilities throughout the process. Working with a skilled Indianapolis criminal defense lawyer can provide invaluable guidance and support, however it’s important for individuals to have both knowledge of their rights and access to competent legal representation in order to ensure that they receive fair treatment during trial. Having the information needed to make informed decisions about pleas, evidence, and other aspects of criminal court can significantly improve the chances of achieving a favorable outcome.

Hopefully this guide has provided some helpful information about what to expect during criminal court proceedings. Understanding your rights is essential when navigating any aspect of the criminal justice system. Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced criminal defense attorney in Indianapolis, Indiana. Meet with us by phone or in person at our law office, conveniently located in Downtown Indy.