Frequently Asked Questions About Defense Attorneys

Posted on February 22, 2019 by admin

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

Do I Need a Criminal Defense Attorney?

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

Are All Criminal Defense Lawyers the Same?

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

Is a Defense Attorney Better Than a Public Defender?

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

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

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

Where Can I Find a Skilled Defense Attorney in Indiana?

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

What is the Preemption Doctrine?

Posted on November 23, 2018 by admin

If you are facing criminal charges for an act that is legal under one jurisdiction, but illegal under another, you may want to review the Constitution’s Preemption Doctrine. It can help you better understand your situation, and perhaps even develop a stronger defense to avoid the maximum penalties if ultimately convicted.

Continue reading to learn about the Preemption Doctrine, and how it may apply to your criminal case.

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The Preemption Doctrine

The Preemption Doctrine stems from the United States Constitution. It is specifically derived from the Supremacy Clause, which states, “Constitution and the laws of the United States (…) shall be the supreme law of the land (…) anything in the constitutions or laws of any state to the contrary notwithstanding.”

So what does this mean in common language? It means that any federal law can override any conflicting state law. Basically, states cannot pass any laws that violate our rights outlined in the U.S. Constitution, otherwise, federal judiciaries can overturn the law for being unconstitutional. On the other hand, there are some exceptions.

You see, if any law provides citizens more rights or imposes more responsibility, such law will prevail. But if state and federal laws blatantly conflict with one another, we go back to the Supremacy Clause which states that federal law will always prevail. Here are some examples that will help you understand who it works:

If a certain law provides citizens more rights, that law will override the opposing jurisdiction. For instance, if state law allows same-sex marriage, but federal law does not, the state law will trump.

If a certain law imposes more responsibility onto citizens, that law will trump the opposing one. For instance, if the state law requires seat belts, but the federal law does not, the state law will prevail.

If state and federal law explicitly conflict, federal law will prevail. For instance, if state law allows cannabis use, but federal law does not, anyone caught in possession of cannabis will be arrested and charged.

Facing Criminal Charges Based on Conflicting State and Federal Laws?

David E. Lewis Criminal Defense Attorney

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

What you need is aggressive and skilled legal defense. Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Examples of Federal Laws That Conflict With State Laws

Posted on September 24, 2018 by admin

Just because an act is legal under state law does not mean it is legal under Federal law, and vice versa. Continue reading to learn a couple of examples that fit this scenario, as well as, what you should do if you are facing prosecution for such laws.

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In our country, there is a definite history of conflict between state and federal laws. Today, you can still find such conflicts surrounding controversial topics. Two of the most publicized laws that conflict between state and federal rule are same sex marriage and marijuana use.

Marijuana Usage

Recreational and medical marijuana use is legal in some state, but it is illegal under federal law. Currently, Washington and Colorado are the only two states that permit the legal recreation use of marijuana, while many other states permit legal medical marijuana use with a valid doctor’s prescription. This can cause conflicts in court since marijuana use is not legal under federal law since it is deemed a controlled substance. Even growers and possessors of marijuana in the state-allotted amounts can be arrested by federal authorities and prosecuted. And although businesses are legally allowed to sell marijuana, and even given state-licenses to do so, they cannot open bank accounts nor accept credit card payments because banks are not allowed to do business with them under federal law.

Same Sex Marriage

Since marriage licenses are issued by local governments, marriage is traditionally a state issue. When it comes to same sex marriage, it is legal in many states, but not all, and federal law can trump this. Back in 2013, California voters enacted a law to ban gay marriage, but federal law deemed this enactment unconstitutional, so it was overturned. When this decision was appealed, the U.S. Supreme Court refused to make a ruling on the appeal. As of 2015, same sex married couples in the United States have equal access to all the federal benefits that married opposite-sex couples have, even if it is illegal under state law.

Rules for Conflicting Law

There are some resolutions that come into play when state and federal law conflict:

⚖ When a person has more rights under state law than they do under federal law, the state law will legally prevail.

⚖ If state law enforces more responsibility on its citizens than federal law does, the state law will legally prevail.

⚖ If state and federal law clearly conflict, the federal law will prevail. For instance, when a state law specifically permits an act that the federal law specifically forbids, federal law will overcome state law.

Charged With a Misdemeanor or Felony Offense in Indiana?

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

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Can a Child Be a Witness in a Criminal Case?

Posted on August 14, 2018 by admin

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Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children.

But when you imagine a person testifying in court as a witness, it is not common to envision a child on the stand. However, it is a situation that does happen every now and then, but only under specific circumstances.

Continue reading to learn some basics about children witnesses.

Competent Witnesses

So what constitutes a competent child witness? A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies. These qualities can be found in very young children, as well as pubescent and young adults. A judge ultimately determines a child’s competency to testify in trial. It is common in these cases for judges to order a psychological evaluation to assess the child’s credibility.

General Rules and Exceptions

Witnesses are generally excluded from the majority of a court hearing. Usually, they must wait outside the courtroom until they are asked to take the stand. This avoids witnesses from changing their testimony after hearing other witnesses talk about the case. However, this rule may not be enforced in the case of a child taking the stand to testify. Often times, judges will permit a parent, guardian, or therapist to chaperone the child through the duration of the hearing.

Another exception that is often made for child witnesses is the right to give their testimony via a closed-circuit television or monitor. Many states have laws that protect child witnesses, especially those who are victims of abuse or assault. Rather than testifying in the same room as an abuser or offender, a child is allowed to provide their testimony from a safe location. Videotaped depositions are also used.

Talk to a Trusted Attorney

It is important to discuss your legal questions with your trusted Indianapolis criminal defense attorney for the best guidance and support. If you do not already have a licensed criminal defense lawyer working on your case, you need one right away.

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

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. We offer free initial consultations, so there is no out-of-pocket obligations to you.

The 3 types of Affirmative Defenses

Posted on July 23, 2018 by admin

There are numerous possible defenses a defendant can use to fight their criminal charges. Regardless of which one they choose, it will fall under one of two categories: affirmative and negating. Under the affirmative defense category, there are 3 particular types that are common in criminal law. These include justification, excuse, and alibi affirmative defenses.

Continue reading to learn more about each type of criminal defense, including how to get a head start on yours. You may also benefit from reading our blog about The Difference Between Affirmative and Negating Defenses to understand the two primary categories of defense.

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An affirmative defense is a category of defense used by a defendant who wishes to evade accountability of their criminal charges by presenting new evidence that was not previously addressed in the plaintiff’s claims. Here are the 3 types :

❶ Justification Defenses

Justification defenses are defenses that essentially justify why a defendant committed a crime. Under this defense approach, a defendant would admit they committed the crime, while also insisting they did so for good reason. Self-dense is a perfect example of when a defendant might use this affirmative defense. For instance, if a father killed an armed intruder to protect his family, he would likely use a justification defense. Law enforcement defense is another prime example.

❷ Excuse Defenses

An excuse defense is when a defendant admits they committed a crime, but wishes to be excused for the offense by offering an excuse as to why they did it. The insanity defense is a prime example. Other types of excuse defenses include mental illness, intoxication, diminished capacity, duress, and even infancy (a child or youth). For instance, if a woman is charged with resisting arrest and threatening police officers, and defends her actions by claiming she has a mental illness, she would be using an excuse defense. Another example would be if a man robbed a store under extreme duress because his wife was being held hostage by the criminals forcing him to commit a crime.

❸ Alibi Affirmative Defenses

Alibi affirmative defenses are quite common and much different from the other two types of defenses mentioned above. When a defendant uses an alibi affirmative defense, they are not admitting guilt, responsibility, or having any kind of involvement in the alleged criminal charges. They use defense by providing legitimate evidence of an alibi. An alibi is proof that the defendant was somewhere else when the crime took place, making it impossible for them to have committed the crime. Often times, this type of defense is used alongside a negating defense for best results.

How to Get Started on Your Defense

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

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

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

Posted on May 25, 2018 by admin

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

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

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Peru City Police Department v. Martin

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

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

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

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

Do You Have Questions About Your Criminal Charges?

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

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

Need-to-Know Courtroom Terms and Definitions

Posted on March 12, 2018 by admin

If you are facing a court trial for criminal charges, it is helpful to know some common terms and definitions that will likely be used to adjudicate your case. This knowledge will allow you to comprehend the proceedings of the trial and better understand the circumstances of your sentencing and subsequent penalties.

Continue reading to get started right now!

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Arraignment

– This is the trial in which a judge informs a defendant of their criminal charges.

Pre-Trial

– Any type of official proceedings that take place before a criminal trial.

Trial De Novo

– A new or sequential trial.

Failure to Appear

– The action of a defendant missing a scheduled, court-ordered, mandatory hearing. Also known as an “FTA.”

Dismissal

– A case, action, suit, or motion that is dismissed by the court without a trial.

Prosecutor

– The state or government attorneys who review criminal cases for filing. This includes District attorneys, state prosecutors, and Attorney Generals.

Defendant

– An individual being charged or prosecuted for a crime they are suspected of committing.

Judge/Magistrate

– A public official who is legal authorized to decides cases in a court of law.

Bailiff

– The person who maintains order, safety, and security in the court room. This includes Deputy Marshals, Deputy Sheriffs, and Correctional Officers.

Bench

– The built-in desk and seating area at the head of the court room. This is where the judge sits and people testify.

Charges

– Unproven violations of the law that must be answered to by the accused in a criminal case.

Case

– A situation of dispute contested in a court of law.

Discovery

– The process in which a defendant is given the right to review all alleged charges and evidences that the prosecution has (and may use) against them.

Conviction

– A final judgement regarding a criminal case.

Motion

– A request for a particular order or ruling by the judge.

Motion Granted

– A judge allows for a requested motion.

Denial of Motion

– A judge refuses to allow a requested motion.

Order

– A court ruling over a lawyer’s motion or request.

Objection

– The act of opposing or contesting a piece of evidence presented by the opposing party.

Overrule

– A judge’s refusal to gratify an objection by counsel in regards to evidence.

Sustaining

– A judge’s approval to uphold an objection by counsel in regards to evidence.

Plea

– A formal statement given by a defendant in regards to their criminal charges that discloses their guilt or innocence.

Not Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that asserts innocence.

Guilty Plea

– A formal statement given by a defendant in regards to their criminal charges that admits guilt.

Nolo Contendere (No Contest)

– A “no contest” plea, which automatically renders the defendant as guilty. This plea cannot be recanted in future civil matters unless allowable by law.

Evidence

– Any real thing presented to the court as proof to support a fact. This includes items, witness testimonies, social media activity, recordings, photographs, and more.

Probable Cause

– Specific and connected facts that would cause a practical, reasonably-thinking person to believe a crime has been committed, and that it was committed by the accused defendant.

Admissible

– Evidence that is pertinent to the criminal charges against the defendant, and allowable in a court of law.

Hearsay

– An alleged statement made outside of the courtroom and presented as proof to refute a particular matter being affirmed in court.

Jury

– A group of men and women who have been appointed by trial attorneys to assess evidence and decide questions of fact. This group usually consists of 12 people, 18 years of age or older.

Hung Jury

– A jury that cannot come to a unanimous agreement of guilty or innocent after an extended period of deliberation.

Judgement

– The court’s official decision regarding the rights and claims of the involved parties in a criminal case.

Sentence

– The formal decision or finding made by the court in regards to a defendant after they have been convicted of a crime (or crimes).

Verdict

– The formal decision made by the jury.

Are You Facing Criminal Charges in Indiana?

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

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

What is the Criminal Bail Bond Process in Indiana?

Posted on December 26, 2017 by admin

There are procedures and routines that take place when you are bailing someone, or yourself, out of jail. Although the actual required course of action will differ state to state, and from criminal charge to charge, the standard bail bond process can be described in a general way, so everyone can have an understanding of what happens and what to expect when posting bail for you or a loved one.

Indianapolis Criminal Defense 317-636-7514

Following the Arrest

When a person is arrested, they are taken into custody at a city or county jail. A county jail is smaller than a city jail, and process times tend to be longer. If a person is taken to a city jail, it is important to begin the bail process as soon as possible before they have to transfer to a county jail. The transfer will result in more time and a second processing stint before being able to post bail. Once the defendant reaches the jail, they are immediately frisked and checked for weapons, drugs, and paraphernalia. Next, a background check is administered to see if there are any outstanding warrants or previous charges on their record in other counties.

If the background check results show there are no previous offenses, pending charges, or warrants, the bail will be set immediately by a court official or magistrate. If the background check shows that the person is a repeat offender or if they have been arrested for a more serious crime elsewhere, they will most likely not be able to post bail immediately, especially without the help of an experience criminal lawyer. Instead, they will have to wait at least 48 hours for a bail hearing, during which a court official will determine the appropriate amount of bail required to release the defendant from jail. To determine this amount, the judge will take into consideration the defendant’s potential as a flight risk, their criminal history, and the degree of the crime.

After Bail is Set

Once the bail is set for a person, and they have been processed and entered into the jail computer system, they can move forward with the process of posting bail. Posting bail can be done is a variety of ways. For example, a person can pay the entire bond amount in cash, and bail themselves out of jail. They will receive this money back when they have appeared to all their required court dates. One can also use the jail pay phone and contact a friend or family member to pay the bond amount, or hire a bail agency to post bail for them. It is far more common for a person to contact a bail bond company, or have a friend or family member contact a bail agency, in order to post bail. Paying the entire bond amount in cash is not possible for many people, considering the amount. A bond amount can be $20,000 or more, but a bail agency only requires you to put up 10% to 15% of the amount, making it the more popular choice for posting bail.

Posting Bail

After a bail agency is hired, or a person uses a cash bond, they are eligible for release; however, a few things still have to happen to complete the process. A bail agency will collect information about the defendant in jail, including names, birthdates, arresting charges, employment history, income, and more. The bail bond company will have the defendant, or the cosigner for the defendant, sign a series of forms, documents, and applications binding them into a contract. They will pay the bail agency 10-15% of the bond amount, as well as, sign and agree to pay the bond amount back if the defendant fails to appear for court or violates court orders. Once this information is collected, the bail bond agent can proceed to contact the jail and let them know that they are posting bail for an inmate. Once this is done, it is up to the jail to release the defendant. This can be as little as 30 minutes, or as long as 6 hours. It depends on the amount of traffic in the jail, and the productivity of the jail staff.

Are You Facing Criminal Charges?

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

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

Preliminary Hearing Process and Procedures

Posted on October 9, 2017 by admin

In last week’s blog, our readers were given a closer look at preliminary hearings. This week, we’ll dive a little deeper and discuss the general process and procedures you can expect. Continue reading to learn the basic steps to a preliminary hearing progression.

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Let’s Begin With an Example…

Let’s say that Dale is suspected of committing a crime, but he was out of town on a company trip during the time law enforcement states the crime was committed. A preliminary hearing takes place to determine if there is enough probable cause to charge him with the crime. At the preliminary hearing, Dale’s lawyer has a co-worker testify on Dale’s behalf as proof that he was out of town on a business trip. This testimony would prove that the investigator’s evidence against Dale is inaccurate. Afterwards, prosecution and defense will give their closing statements, and then the judge will determine whether or not the evidence shows that Dale likely committed the crime in question.

Preliminary Hearing Information

The process and procedures for preliminary hearings are very complex since they differ from state to state, and from case to case. A preliminary hearing can take place before or after a person has been arrested, or after charges are formally filed. Often times, they are not even required, especially for misdemeanor charges.

For defendants who are waiting in jail, a preliminary hearing must be held with 14 days. For those out on bond, the hearing must be held within 21 days. Again, these timelines can vary among jurisdictions. In some states, defendants must request preliminary hearings so long as a formal indictment hasn’t been filed; while in other states, defendants are given the option, but have the right to waive a preliminary hearing.

You must speak with a licensed criminal defense attorney who can educate you on the specific steps and procedures you can expect with your preliminary hearing. However, here are the basic steps to the preliminary hearing process:

1. Pre-Trial Court Appearance (Arraignment)

The court explains their charges and their right to counsel, advises them of their right to a preliminary hearing and trial, appoints them a lawyer (if requested), and bail is set.

2. Preliminary Hearing

The defendant is present at the hearing. The state presents evidence to a judge showing probable cause that the defendant committed a crime. The judge determines if the evidence is sufficient. If they decide it is not enough, the charges and the case are dismissed, and the defendant is released from custody or bond. If the judge decides there is enough probable cause, the defendant is “bound over” to the district or circuit court for trial. This simply means they are moved forward in the criminal justice system, and a trial date is set for them.

Are You Currently Facing Criminal Charges?

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

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

Will an International Student Be Deported for Committing a Crime?

Posted on July 19, 2017 by admin

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International students are prone to more severe penalties when they commit a crime. Not only are they subjected to the usual criminal penalties, they also face possible deportation. This means they can be sent back to their country of origin and not be allowed to return. Sometimes, the United States will not admit foreign students into the country if they have certain types of crimes on their criminal record, even if it is a misdemeanor crime in the state they wish to visit.

Which Crimes are Deportable?

International students who commit a crime “of moral turpitude” that is punishable by up to one year or more in jail may be deportable. Although the term, “moral turpitude” is vague and not technical, it refers to crimes that involve fraud or present danger to others. It can also include fleeing from a police officer, minor consumption of alcohol, and public intoxication. For this reason, charged international students must hire an experienced criminal defense lawyer who can fight for their rights to remain in our country. They may also need to consult with an immigrations lawyers.

Crimes that involve substance control possession can result in deportation. However, it depends on the type of drug and the amount in possession. It is unlikely for a student to be deported for possession of marijuana under 30 grams. On the other hand, priors and enhancements can make this type of offense a deportable one. It varies from person to person. In the case that a student is charged and convicted of an inadmissible offense (such as the example of marijuana possession above), they may not be deported, but once they do leave the country, they will not be allowed to come back ever again.

Other crimes that are deportable include those of forgery, fraud, theft, and of course, violence. There are also certain traffic offenses that may make an international student deportable. It is important for college students from another country to retain professional legal counsel if they face criminal charges in order to avoid possible deportation and inadmissibility. An international student should never appear in court without a criminal defense lawyer on their side.

Aggressive Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against criminal charges and citations in Indianapolis, Indiana. We offer free initial consultations to discuss the best strategies of defense for your legal situation. Call 317-636-7514 today to get started.