The Importance of Witness Depositions in a Criminal Case

Posted on April 29, 2020 by admin

One of the most important strategies to be skilled at as a criminal defense attorney is attacking the prosecution’s case against their client. After all, the whole purpose of hiring a private defense lawyer is to avoid the maximum charges and penalties. One way a skilled criminal defense lawyer will do this is through witness depositions. As someone facing criminal charges, you might not think twice about the influence and effect of your case’s depositions. But the truth is, they are vital to the overall protection of your rights and preservation of your freedoms.

Continue reading to learn some facts about depositions, including why they are so important in a criminal case.

Deposition Lawyer Indianapolis Indiana — Deposition Lawyer 317-636-7514 Indianapolis Indiana

Testimonial Evidence

There are two main types of evidence submitted in a criminal defense case, both of which are equally important: physical evidence or testimonial evidence. During the discovery process, the state submits all evidence they intend to use against the defendant. This evidence can be either physical, testimonial, or both. However, often times the state lacks sufficient physical evidence, and therefore, heavily relies on any eyewitness testimony they can get their hands on. For this reason, witness depositions are very critical to the defense’s case as well.

Witness Depositions

Depositions are witness statements given under oath; the same oath anyone would take at trial or before taking the stand in court. It is a legally-binding oath that can render legal consequences if broken. Anyone who lies under oath commits the crime of perjury, which can be charged as a felony offense. Most often, depositions take place in a conference room, rather than a courtroom. Parties present during a deposition include the defense lawyer, the eyewitness, the prosecutor, and a court reporter.

Criminal defense attorneys want to make sure that the witness is credible, and will do so by conducting a series of questions during the deposition. Not only does this give a criminal defense lawyer insight on how the eyewitness might behave on the stand, it also allows them to learn the subject matter of their testimony, which in turns gives them a head start on developing a defense to attack the credibility of the witness at trial.

Credibility in Court

When an eyewitness takes the stand, their statements are not the final word. Judges and juries must find that the witness is credible, and will do so by considering various factors, such as:

✏ Their behaviors while testifying.
✏ Their relationship with the involved parties.
✏ Their personal interests, biased opinions, or prejudices.
✏ Their ability and opportunity to witness the crime.
✏ Their overall knowledge, maturity, and life experience.

Are you preparing to be a witness at trial? Read our blog, “Proper Conduct for a Trial Witness” to learn what you need to know.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer 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 Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Can I Get Arrested For Not Paying My Taxes?

Posted on April 10, 2020 by admin

Tax Day is soon approaching, whether you are ready for it or not. Fortunately, with the recent government extensions granted to United States citizens, you will likely be well-prepared to pay your dues. But what happens to those who do not? After all, the old saying, “the only two things promised in life are death and taxes” is an adage for a reason. There are various consequences for failing to pay state and federal taxes, and similarly, consequences for lying on tax documents.

Continue reading to learn the laws surrounding tax crimes, including what to do if you have legal questions regarding your tax situation.

State and Federal Tax Fraud in Indiana

Intentionally not paying or under-paying your taxes, whether state, federal, or both, is a white collar crime in Indiana. Referred to as tax fraud or tax evasion, it is generally charged as a Class A Misdemeanor or Level 6 Felony.

⏩ Class A Misdemeanor – Up to 1 year in jail, with no advisory sentence. Fines up to $5,000, not including court or lawyer fees.

⏩ Level 6 Felony – Six Months to 2.5 years in jail, with an average of 1 year. Fines up to $10,000, not including court or lawyer fees.

Made Some Mistakes on Your Tax Documents?

Do not worry if you unknowingly made some errors on your tax documents. Tax mistakes are not considered tax fraud unless they are egregious or intentional.

Lying on Tax Forms

Often referred to as “cooking the books” in old gangster movies, lying on tax forms for the purpose of evading dues, defrauding the state, or receiving pecuniary benefits, is a very serious white collar tax fraud crime. It is charged as a Level 6 Felony, which is penalized by six months to 2.5 years in jail, with an advisory sentence of 1 year, and fines up to $10,000, not including court or lawyer fees.

Restitution or Jail?

In minor cases, or cases of first time offenders, courts might agree to do away with jail time if a defendant pays back the money they owe, plus any fees tacked on for late payment. Paying back taxes is referred to as restitution, and it is a common plea deal awarded in court. In order to be given the option of restitution over jail time, you must have a skilled criminal defense lawyer working your case. Otherwise, you are subjected to being sentenced to the maximum penalties for your crime.

Trust an Experienced Indiana Fraud Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana fraud charges, today. Whether charged with fraud or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

Am I Eligible for a Hardship Drivers License in Indiana?

Posted on April 6, 2020 by admin

After having your driver’s license suspended, life changes quite a bit. You never truly realize how much of a privilege it is to be allowed to drive a car. For that reason, you are likely very motivated to earn your driving privileges back, or at least be approved for an alternative, probationary driver’s license, also known as a hardship license.

Continue below to learn more about Indiana hardship driver’s licenses, how to determine if you qualify, and where to get started if you do.

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Suspended Driver’s Licenses

The Indiana Bureau of Motor Vehicles (BMV) suspends licenses for several reasons. Most often, they suspend driver’s licenses for habitual traffic offenses or being cited for reckless driving, which includes driving on a suspended license, driving without insurance, and leaving the scene of an accident. However, the BMV will also suspend licenses for OWI convictions, drug convictions, not paying child support, failing to appear for court, failing to pay BMV fines, and much more. Generally, driver’s licenses are suspended up to one year, but can be suspended even longer under certain circumstances. For this reason, it is important to retain professional legal counsel to protect your rights and preserve your freedoms.

Indiana Hardship Licenses

For standard drivers, losing driving privileges can be incredibly inconvenient and dispiriting. For those who rely on a driver’s license to earn an income, it can pose a very traumatic ripple of effects in both personal and professional life. Regardless of why you rely on your driving privileges, it is in your best interest to get your license back as soon as possible. One such alternative offered in Indiana for those with a suspended driver’s license is known as a hardship license. A hardship license, also known as a probationary driver’s license, is a provisional license that allows you to drive under strict and specific terms and conditions. The primary benefit of a hardship license is that it gives you permission to drive to important places, such as school, work, or medical appointments.

Qualifying for a Probationary License

Not all individuals qualify for a hardship license, as there are several prerequisites that one must meet to be considered eligible. But there is some good news; back in 2015, on January 1, Indiana’s hardship license law went into effect. Since then, many more individuals have become eligible for a hardship license. This means, if you did not qualify for one before, you might qualify now! See our blog, “Indiana’s Specialized Driving Privileges May Be Your Solution to a Suspended License” to learn more. Then contact a skilled Indianapolis criminal defense lawyer for help determining your eligibility and submitting your petition!

Call David E. Lewis, Attorney at Law in Indianapolis

Call 317-636-7514 to discuss your issues with your current legal representation with David E. Lewis, Attorney at Law. He is an aggressive and experienced Indianapolis criminal defense attorney 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 help you through the process of changing lawyers, and then build you a stronger and more impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

FAQS Regarding Indiana Handgun Appeals

Posted on November 8, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

Were you recently denied a permit to carry a concealed weapon in Indiana? If so, you probably have a lot of questions. Below you will find a list of the most frequently asked questions about Indiana handgun appeals and procedures.

Review each question for a better understanding of what to expect during your petition process. Talk to a trusted criminal defense attorney for help with your handgun permit appeal.

Do I Need a Lawyer to Appeal?

You are free to represent yourself when appealing a concealed carry permit denial. However, the law and legal process is often tricky. It takes acute knowledge and experience to know how to carefully navigate a handgun permit appeal. For this reason, it is best to hire a criminal defense lawyer for help filing your petition.

How Long Do I Have to Appeal My Permit Denial?

In Indiana, you have 60 days to file for an appeal if you are denied a concealed carry permit. Within this 60-day period, you must fill out and submit all the necessary documentation and paperwork, as well as, pay the fee required by the courts.

Can I Re-Apply If I Miss My 60-Day Window?

Yes, you can re-apply your appeal if you miss the initial 60-day time frame. Simply re-apply and pay the courts. If you previously paid a filing fee, the money will be refunded to you.

How Long Does the Process Take?

The amount of time it takes to complete the appeals process all depends on the complexity of the case. For easy appeals, an experienced criminal attorney can usually secure a permit within 60 to 90 days, sometimes sooner! However, for moderate to complex cases, it could takes several months and even up to a full year to complete.

What Do I Do if I Was Denied Because of a Mental Health Issue?

Unfortunately, these are often the most challenging cases to appeal. With all the recent cases of mass shooting, and the history of violent crime, law enforcement and governments are hesitant to grant carry permits to those officially diagnosed with a mental health disorder. Talk to a criminal attorney to discuss your options.

Are Federal and State Standards for Handgun Permits Different?

Yes; the standards for granting concealed carry handgun permits differ between state and federal levels. This means you might be approved for a state-level permit, but not approved for a federal level one.

Why Was I Denied a Permit After My Old One Expired?

A new software program is now used that retrospectively evaluates existing permit holders’ eligibility. Some permit holders are denied permit renewal or lifetime permits because of new evidence found on their permanent record.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for help appealing a concealed carry permit denial in Indiana. Based out of Indianapolis, his criminal defense law office is conveniently located and open Monday through Friday by appointment. We offer free initial consultations to discuss your criminal defense needs. Call 317-636-7514 to schedule your appointment with a licensed Indianapolis criminal defense lawyer you can trust.

Examples of Unlawful Search and Seizures

Posted on September 13, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. In fact, this very search and seizure law is one of the trademarks of our country’s criminal justice system. It means that police and other forms of law enforcement must have a good reason to legally search a person or their property, as well as, seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal. Places where privacy is not expected include anything that is in plain view or public, such as the front seat of a car, disposed garbage, and public places.

Places where privacy is expected: private residence, hotel room, trunks of cars, luggage, and even a closed telephone booth. To help understand what is legal and what’s not, continue reading for some examples of unlawful search and seizures.

Traffic Violation Stop

Janet is pulled over for speeding. The officer learns that her license and suspended and she does not have auto insurance coverage for the vehicle. For this reason, he must have the car impounded. During a legal vehicle impound, an officer is allowed to conduct an inventory search of the contents of the vehicle. But the search must be conducted according to standard police regulations and procedures. The officer asks Janet to step out of her vehicle and stand in front of his squad car.

She exits her vehicle, taking her purse with her, and follows his orders. As she is standing in front of the police car holding her purse, the cop instructs her to place her purse in the trunk of her car instead. Now that the purse is in her vehicle, the police officer uses the opportunity to search the contents of her purse as part of the inventory search. As a result, he finds a small amount of marijuana in her purse, and then he arrests her on drug possession charges.

Later, the court finds that: 1) the search did not comply with the standard regulations for an inventory search, 2) the defendant had her purse outside of the vehicle when the officer instructed her to place it back inside, and 3) there was no evidence of criminal traffic violation, only standard traffic infractions. Since the courts ruled that the search was unlawful, the evidence found during the search was dismissed. And although the impounding and inventory search were legal, the search of her purse was not. So in the end, Janet was not charged with drug possession.

Noise Disturbance Call

Amy is fighting with her live-in boyfriend Dan. Neighbors call the police to report the noise. By the time the police arrive, Amy and Dan have calmed down and reconciled. They consent to letting the police inside their living room to discuss the calls from neighbors and to confirm that there isn’t a problem. The responding officers so not see anything illegal around the immediate areas of the apartment.

But as the couple is questioned by one officer, the other cop continues to search the rest of the apartment, opening cabinets and closet doors. In the back bedroom closet, the officer finds a stash of prescription-grade medication that is not prescribed to Amy or Dan. They seize the drugs and make the arrests.

Later, the courts find that the police officers unlawfully searched their home, so any evidence found during the unlawful search was dismissed. So neither Amy nor Dan was criminally charged. This is because law enforcement did not have a warrant to search the rest of their property. Cops could only make an arrest in this situation had they found evidence of a crime in plain sight. Law enforcement cannot open drawers and cabinets, search in closets, lift furniture, or implement an type of excessive search of a property without permission.

Call a Lawyer for Help

The laws surrounding our fourth amendment and search warrants is very complex, and differs from case to case. With so many details that can influence whether or not a search and seizure is lawful, it is important to consult an experienced criminal defense lawyer to learn your rights, as well as, the facts surrounding your case.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently searched and arrested by police, and you believe it was unreasonable or illegal. He offers aggressive Indianapolis criminal defense, and stops at nothing to protect your rights and preserve your freedoms. Our law firm offers free initial consultations to discuss your criminal charges and a strategy for defense. Call 317-636-7514 to schedule an appointment with an experienced criminal defense attorney in Indianapolis, IN today.

Are Synthetic Drugs Illegal?

Posted on July 19, 2016 by admin

Drug Crime Lawyer 317-636-7514

Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.

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

Posted on July 6, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

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

What is SPD?

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

Limitations

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

Qualifying

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

However, those who DO qualify include:

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

Criminal Defense in Indiana

Criminal Defense Lawyer 317-636-7514

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

How to Choose the Right Criminal Defense Lawyer

Posted on June 7, 2016 by admin

Indianapolis Criminal Defense 317-636-7514

When a person is arrested and charged with a crime, the first thought that usually comes to mind is to hire a lawyer, and understandably so. A criminal defense lawyer is an offender’s best opportunity at avoiding the maximum penalties for their criminal charges, including jail time. Every case is different, and varies from person to person, as well as, county to county. But in all criminal cases, the most important thing you can do is find the right criminal defense lawyer.

This is a critical step toward protecting your rights, preserving your freedoms, and securing a happy future. Choosing a criminal defense lawyer can be overwhelming because there are endless counselors and firms to choose from. But with the right knowledge, you can retain proficient legal counsel that is best for your case. Continue reading to learn what makes a dependable criminal defense lawyer if currently facing criminal charges in Indiana.

✪ Experience

One of the most important qualities to look for in a criminal defense lawyer is experience. Experience speaks to their level of knowledge in the field of criminal law, as well as, their dedication to their practice. Experienced lawyers are more likely to have long-standing relationships with local prosecutors and courthouses, which can also be an advantage in many ways. Experience also builds reputation, which allows you to review their success rate and likability among previous clientele. Which brings us to the second most important credential to look for in a criminal lawyer.

✪ Reputation

A crime lawyer’s reputation is important to consider because you want to know how they treat their clients. Reading testimonials and reviews from past clients is a great way to grasp an attorney’s character and performance. Facing criminal charges is stressful, so you want an honest and hard-working lawyer that can build you a strong case while also keeping your best interests’ at heart. And that is the next quality to look for.

✪ Aptitude

You need a criminal defense attorney that knows what they are talking about, and is well-versed in your state’s laws surrounding crime. A knowledgeable criminal lawyer has the intellect to build a strong defense on your behalf. Because they know the criminal process front to back, they can better develop a strategy to fight your criminal charges. Experience is usually a good indicator that a defense lawyer is highly-knowledgeable.

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 criminal charges in Indiana. He retains the experience, aptitude, and reputation you need in a criminal defense attorney. He will build a strong defense to fight your criminal charges, while also working around the clock to protect your rights and preserve your freedoms. His ultimate goal is to be the strong arm in his client’s criminal case. His aggressive representation will have you feeling confident in your future. Call 317-636-7514 to schedule a consultation for criminal defense in Indianapolis, today.

Tips for Avoiding Arrest at the Indianapolis 500 Race Track

Posted on May 24, 2016 by admin

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

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

Public Intoxication and Other Alcohol Related Crimes

Criminal Defense Law Firm 317-636-7514

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

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

AVOID…

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

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

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

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

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

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

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

Tips for Handling an Arrest

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

Arrested at the Indy 500?

Criminal Defense Lawyer 317-636-7514

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

The Difference Between Probation and Parole

Posted on May 13, 2016 by admin

Criminal Defense Attorney 317-636-7514

Although probation and parole are similar to one another because they are both alternatives to incarceration, they are quite different in detail. The primary difference between the two, which we’ll discuss further later on, is that probation often takes the place of jail time, whereas parole occurs after a person’s early release from prison. But they are also similar in the fact that they both subject an offender to temporary legal supervision and obligate them to follow a set of strict rules.

Continue reading to learn more about the differences between probation and parole.

Probation

After a person is found guilty of a criminal charge, they are sentenced to certain legal penalties. These penalties often include jail time, fines, community service, impact panels, substance abuse classes, and more. Depending on the severity of the crime and the person’s criminal history, a judge may grant probation in place of jail time. Probation is a temporary period of legal supervision, often managed by a jointed probation agency, which allows offenders to show the court they wish to repent and rehabilitate after their conviction.

Criminal Defense Law Firm 317-636-7514

During this time, offenders are legally obligated to follow a list of rules, called probation conditions, which include retaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Those on probation are managed by a probation officer, and subject to random warrantless searches and drug tests without probable cause.

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as, complete all court-ordered classes, community service, or rehabs. So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term.

Parole

Parole occurs after an offender is released from jail. Parole comes with the same set of rules and requirements as probation, called conditions of parole. Offenders report to a parole officer on a regular scheduled basis, and subject to all the same conditions of a person on probation. If an offender fails to comply with these conditions, the parole officer will file a report with the parole board, who will then rule as to whether or not the person should go back to jail or sentenced to stricter parole conditions.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a misdemeanor or felony crime in Indiana. He is an aggressive and powerful Indianapolis criminal defense lawyer that retains extensive trial and litigation experience in criminal law. Call 317-636-7514 to schedule a free initial consultation to discuss the best strategy for your defense.