What Can a Criminal Lawyer Do That a Public Defender Can’t?

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Every person who is being prosecuted in our country for a felony offense has the right to an attorney. This right is clearly outlined in the Sixth Amendment to the United States Constitution. And if you listen closely to the Miranda Rights, you will hear the famous line, “If you cannot afford an attorney, one will be provided for you.” And this is exactly how a public defender works. Public defenders are lawyers employed under a Federal system or publicly-funded public defender’s office, and assigned to felony offenders that cannot afford to pay for a private attorney.

After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a personal criminal defense lawyer, out-of-pocket. Continue reading to learn the difference between the two types of counsel.

Public Defender

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more. Not only do they do most of the work for a public defender, they do not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real feelings.

Private Attorney

A criminal defense lawyer will not be handing your case off, or delegating major duties to someone else. They do all the work and investigation themselves, allowing them to be adept in all areas and details of your case. They have a connection to each client and their case, and works only in the direction of their clients’ best interests. Private attorneys can give more time and attention, and take a personal interest in the outcome of their clients’ cases. Although they are not free of charge, and often costly, it is one of the most worthwhile investments you can make for your future and the future of your family. In order to protect your rights and preserve your freedoms, always choose a criminal defense lawyer with experience.

David E. Lewis, Attorney at Law

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 of you are facing felony criminal charges in Indianapolis, Indiana or any of its surrounding towns. He is a seasoned criminal defense lawyer with extensive trial and litigation experience. He offers aggressive representation, working around the clock to build you an impactful and strong defense. Call 317-636-7514 to schedule a free initial consultation, today.

A Brief Look at Indiana Public Intoxication Laws

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

St. Patrick’s Day is almost here. A day where thousands of Hoosiers gather for the purpose of celebrating the Irish heritage. And on this day, celebrating is traditionally done by means of excessive alcohol drinking. Green beer, beads, and beards are a common attraction on St. Patrick’s Day, as well as, publically intoxicated patrons. If you have been a veteran celebrator of this holiday, then you have surely seen public intoxication at play and perhaps been guilty of the same thing a time or two.

But did you know that under old Indiana law, anyone that was intoxicated in public was committing a crime? If a person walked into a bar, music venue, or stadium, and had enough to drink to put them even a fraction over the legal limit, they could be legally arrested as soon as they stepped outside on the sidewalk or into the parking lot. Indiana legislature eventually decided this law was unreasonable and unfair. And this is true since most places of business that provide consumer entertainment promote drinking, serve patrons alcoholic beverages, and then force then out to catch a cab or drive home when they close.

Old Law Prior to 2012

The old law stated if a person was over the legal drinking limit in a public place or property, they were committing a crime and subject to arrest. But in May of 2012, Governor Mitch Daniels signed a new law regarding public intoxication that soon went into effect on July 1st. The changes that were made to the old law basically reflected what law enforcement was already doing in terms of managing public inebriation cases. Generally, law enforcement would only arrested intoxicated persons in public if they were causing a disturbance of some kind.

New Law as of July 2012

Although some parts of the statute are vague and subjective, it should give patrons peace of mind knowing they can peacefully walk home or take a public bus without legal consequence, so long as they are behaving responsibly. The new law, Indiana Code 7.1-5-1-3, states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for
public intoxication if they are:

1. Endangering their Life or the Life of Others
2. Breaching the Peace or in Imminent Danger of Breaching the Peace
3. Harassing, Annoying, or Alarming Another Person or Group of People

Keep in mind that, ultimately, law enforcement officers have full discretion as to what they determine, “a breach of peace” and other violations of the statute. So be sure to know your rights for the upcoming holiday so you can be better prepared to have a fun and safe St. Patrick’s Day celebration!

Indianapolis Public Intoxication Charges

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 are facing public intoxication charges in Indianapolis, Indiana. He provides aggressive criminal defense representation for alcohol-related crimes. You have a better chance at getting your charges reduced or dismissed with the help of a knowledgeable and experienced Indianapolis criminal defense lawyer like David E. Lewis! Call 317-636-7514 to schedule a consultation, today.

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.