How to Be a Good Witness in Your Own Criminal Case

Although most criminal lawyers will recommend that you do not testify at your trial, there are times when a defendant’s personal testimony can be a good strategy for the defense. If you are asked to testify as a witness in your criminal case, or even in someone else’s, be sure you take the time to fully prepare. Start by learning how to be a good witness in your own criminal case to avoid incriminating yourself further or damaging the strength of your defense.

Indianapolis IN Criminal Defense Law Firm
Indianapolis IN Criminal Defense Law Firm 317-636-7514

What TO DO and NOT TO DO as a Witness

WHAT YOU SHOULD DO:

Understand that subpoenas are serious matters that need to be dealt with in a timely fashion. After all, subpoenas are forced and mandatory court orders, and ignoring one can put you in further trouble with the law.

Be forthcoming during your testimony. Although you should not openly divulge every minute detail of your account of the case, you do need to answer all questions professionally, intelligently, and honestly; otherwise, you might face serious felony charges for perjury and contempt of court.

In addition to being honest with the courts and opposing lawyers during your testimony, it is equally important to do the same with your own criminal defense lawyer. They must know everything in order to build an impenetrable defense against your criminal charges.

Remain openly available to speak and meet with your criminal defense attorney. Your case is important, and if you want to avoid jail and the maximum penalties for your charges, be sure you are staying in touch with your lawyer when they need to contact you.

Take your lawyers advice, no matter your circumstances. Your criminal defense attorney knows what it takes to place yourself in the best possible position in front of the courts. If they tell you to do something, or avoid something, it is vital that you obey.

Dress yourself in comfortable, but professional attire for the big day. You might be in the court room for long hours, so you want to be comfortable in order to remain relaxed and focused. Just be sure you are not dressed too comfortably; dress professionally, like you are attending church or a job interview.

DO NOT:

Guess or Lie – Be honest at all times. State the facts.

Help – Only answer the question. Do not give additional, unrequested information.

Fail to Appear or Be Late – Never miss a court date and arrive on time.

Joke Around – Being funny or charming is not recommended.

Answer Confusing Questions – Only answer questions you fully understand.

Are you in need of reliable criminal defense in Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation, today. He will protect your rights and preserve your freedoms!

You Might Also Like:

The Top Three Rules for Testifying in Court
Can a Child Be a Witness in a Criminal Case?
Proper Conduct for a Trial Witness

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

Facts About Your Sixth Amendment Right to Counsel

In the United States Constitution, the first 10 amendments are known as the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, the 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity. When it comes to being appointed a lawyer pro bono, your 6th amendment right will protect you if necessary. This is your right to an attorney. But the sixth amendment does not apply to everyone, nor any type of case.

Continue reading to learn what you need to know about your 6th amendment right after being arrested for a crime in Indiana.

Indianapolis Indiana Criminal Defense 317-636-7514
Indianapolis Indiana Criminal Defense 317-636-7514

6th Amendment Gives You the Right to Counsel

Not everyone is given the right to a free attorney. This right only applies to criminal cases because jail time is on the table, and our Forefathers wanted everyone to have a chance at a fair trial when the stakes are so high. But not only does the 6th Amendment provide you the right to an attorney in a criminal case, but it also bestows the right to a “speedy and public” trial, and a trial by an impartial jury.

This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense. Even after a defendant has been convicted in criminal court, the 6th amendment still gives them the right to an attorney for all subsequent sentencing hearings, motions, and appeals.

Sixth Amendment (1791)
“(…) the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

Although the 6th amendment is generally applied in court during a criminal case, a defendant can also invoke their sixth amendment right if they are officially in custody, and have had their Miranda right’s read to them by police. Such questioning is known as a custodial interrogation, which basically means the person being interrogated is officially under arrest and in police custody. If you are wondering which U.S. amendments protect criminals’ rights, speak with an experienced defense lawyer for current information you can trust.

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

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. Trust our legal professionals to help place you in the best position possible following an arrest, charge, or conviction. Contact us to schedule your online, over-the-phone, or in-office appointment, today.

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

What to Do About Your Meth Amphetamine Charges in Indianapolis

Hire Attorney David E. Lewis for Aggressive Drug Charge Defense in Indianapolis

If you’ve just been arrested on crystal meth charges, a licensed criminal defense attorney is your only hope at avoiding the maximum penalties for your meth charges. Fortunately, Attorney David E. Lewis is here to help all Hoosiers facing drug crimes. Continue below to learn how the Law Office of David E. Lewis can fight your meth charges in Indianapolis, and get you the freedom and security you desire.

We Will Fight Your Meth Charges So You Can Get Your Life Back on Track.

Why You Need an Indianapolis Drug Defense Lawyer for Meth Charges

If you were recently charged with possession or attempting to distribute meth, it is vital to hire a seasoned criminal defense lawyer with the skills to build you an impactful defense for the sole purpose of reducing or dismissing your charges, or entering into an alternative sentencing agreement. David E. Lewis, Attorney at Law, is your solution to avoiding the maximum penalties for drug charges. Regardless of where your meth amphetamine charges originate from, he can take on your case anywhere in Indianapolis and throughout Central Indiana. He will work around the clock to ensure your rights are protected and your freedoms are preserved.

We Can Help You Recover After a Meth Arrest in Indiana

Here at the Law Office of David E. Lewis, we are fervently dedicated to delivering personalized case assistance and legal defense in an environment entirely free of judgement. David E. Lewis is in this profession to help clients get their lives back on track after being charged with a misdemeanor or felony drug crime. Meth amphetamine is a serious drug that can render infinite and permanent life consequences, which is why he is also here to provide clients with resources for addiction counseling and management.

Request Your Free Meeting Over the Phone or In-Person at Our Indianapolis Law Office

Contact our Indianapolis criminal defense law office at 317-636-7514 to schedule a free initial consultation with aggressive Indianapolis criminal defense lawyer. Attorney David E. Lewis will stop at nothing to ensure you are not sentenced to the maximum penalties when facing any level or number of drug crimes and criminal charges, including meth. With decades of hands-on experience, you can trust our law firm to build you a strong and impactful defense against your Indiana criminal charges.

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

How to Reduce Your Super Bowl Sunday DUI Charges in Indianapolis

Many Hoosiers celebrated Super Bowl Sunday with great food, family, and friends. With such celebratory occasions, alcohol is bound to be an element, as many of us enjoy a few cold ones while we watch the game. But on such days designated for celebrating, over-consumption is a common occurrence, and can lead to drunk driving charges. In fact, the rate of alcohol-related injuries and arrests increase on big game days, and even more so on Super Bowl.

If you or your loved one was part of this statistic, and arrested this past Sunday for drunk driving, continue below to learn exactly what you need to do to avoid the maximum penalties under Indiana law, and how to get started.

Indianapolis Indiana DUI Lawyer 317-636-7514
Indianapolis Indiana DUI Lawyer 317-636-7514

Protect Your Rights After an Indiana DUI Arrest on Super Bowl Sunday

If you were arrested on Super Bowl Sunday for on DUI charges in Indianapolis, you have likely just recently posted your bail and settled in back at home. This is especially likely if you were arrested after mid-night, in which case your bail wouldn’t have been set until late Monday, Tuesday, or even early this morning. So, at this point in time you probably only interested in taking a shower and getting some sleep.

But once you have time to sort out your thoughts about the challenges you potentially face ahead you in regard to your DUI charges, try not to worry too much. All you have to focus on at this moment in time is hiring an aggressive and experienced Indianapolis criminal defense lawyer who has the ability to get your charges reduced or dismissed so that you may have a better chance at avoiding the maximum penalties for an Indiana drunk driving conviction, such as jail time and excruciating fines.  

Standard Penalties for a DUI conviction in Indiana

► FIRST DUI – Class C Misdemeanor:

▻ Up to 1 Year in Jail
▻ Probation Up to 2 Years
▻ License Suspension Up to 2 Years
▻ Fines Up to $5,000

► SECOND DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2.5 Years
▻ License Suspension 6 Months – 2 Years
▻ Fines Up to $10,000

► THIRD DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2 Years
▻ License Suspension 1 – 10 Years
▻ Fines Up to $10,000

Additional Penalty Possibilities:

► Ankle Bracelet
► House Arrest
► Community Service
► Victim Impact Panels
► Drug/Alcohol Education
► Rehab
► Ignition Interlock Device (IID)

Keep in mind that OWI, DUI, & DWI are interchangeable terms, so they are all the same offense in Indiana. “DUI” stands for Driving Under the Influence, “DWI” stands for Driving While Intoxicated, and “OWI” stands for Operating While Intoxicated.

A DUI Lawyer in Indiana Who is Ready to Fight Your Drunk Driving Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense for DUI charges. When you need to avoid the maximum DUI penalties for your charges in Indiana, he is simply the best choice for reliable DUI defense! Our law firm offers free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms. Request a free consultation to discuss your type of DUI, over the phone, via online video conference, or in-person at our Indianapolis office.

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

Is a Private Criminal Defense Attorney Really Worth it?

Last week, we discussed all the reasons why you should not choose a public defender for your Indiana criminal case. The most important reason, however, is that a private criminal defense lawyer is the authority who can actually protect you against the worst possible outcome of your case. Choosing a crime lawyer with experience truly makes all the difference when it comes to your rights and your future.

Continue reading to learn why, and how to find a criminal defense attorney in Indianapolis who you can trust with your future and your freedom.

Indiana Criminal Defense Law Firm 317-636-7514
Indiana Criminal Defense Law Firm 317-636-7514

You Can Put Your Worries Aside After Being Criminally Charged

You don’t have to be ashamed if you’re frightened after being charged with a crime. Almost everyone feels this way when facing criminal charges, especially if they are first-time offenders. Right now, you are asking yourself a mountain of questions that you cannot possibly answer on your own: How much will this cost me? Will I go to jail? For how long? How will this affect my job? My future? My permanent record? And this only creates more unknown, more anxiety, and more frustration. To find solace and security, you need an experienced criminal defense attorney in your corner that has the knowledge to answer your questions and the skills to protect your freedoms.

Don’t You Want to Avoid the Maximum Penalties for Your Charges?

The main objective of a criminal defense lawyer is to protect your rights and preserve your freedoms, but to also limit the number of damages for your charges. In short, they fight to reduce (or ideally dismiss) your charges and subsequent penalties in order to avoid the maximum penalties. Without a seasoned criminal lawyer, you don’t have a strong chance at obtaining a reduced or dismissed sentence. But this isn’t the only advantage of having an aggressive criminal defense team.

Retaining experienced criminal defense means you don’t have to put all your focus into your legal troubles. You can put your time and energy into your family, career, and all other important aspects of your life, while your attorney manages all the ‘day-to-day’, back-and-forth proceedings of your case. This feeling of security and comfort is truly helpful during a legal battle or criminal case.

It truly makes a difference, whether you are facing a minor infraction or a major felony. Not only are you protected, your family and reputation are protected as well. There is a lot at stake when you are facing criminal charges, so it is not wise to cut corners when it comes to building your defense. An aggressive and experienced criminal lawyer is the only viable solution to your legal troubles.

The Right Choice for Private Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Contact us to schedule your online, over-the-phone, or in-office appointment, today.

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

Should I Choose a Public Defender for My Indiana Criminal Case?

When faced with Indiana criminal charges, there is no room for error. It is vital that you instantly get to work building a strong and impactful defense that will protect your rights, preserve your freedoms, and most importantly, keep you out of jail. Not only can jail time negatively impact your family and home life, but it can also cost you your employment, which you will be needing to uphold your quality of living and caring for your family. Furthermore, certain freedoms can be forfeited, such as traveling, driving, or even leaving the home if you are ordered to wear an ankle bracelet for house arrest.

Basically, criminal charges are not a situation to take lightly, so it is wise to ensure you have responsible, full-time legal defense on your side. Your lawyer is the key to meeting all of these objectives and more, so your decision on who to hire can greatly influence the outcome of your case.

Continue reading to answer the question, “Should I choose a public defender for my Indiana criminal case to save some money?”, and where to learn more about how to beat your Indiana criminal charges.

Private Indiana Criminal Defense 317-636-7514
Private Indiana Criminal Defense 317-636-7514

Public Defenders are Qualified Attorneys

It is true that public defenders are real, board-certified attorneys. It is also true that they are free of charge for criminal defendants. Instead, they earn their income through the government, who pays them to defend those who are not capable of retaining a private lawyer. Although it varies among jurisdictions, most often, the defendant themselves are responsible for proving their financial inadequacy for legal representation through tax documents and pay stubs.

Not Everyone Gets a Public Defense Offer

Most often, those who are offered public defense are those who are facing jail time for a misdemeanor or felony offense. For those who are facing minor criminal charges, such as Class C misdemeanors, infractions, and traffic violations, are not likely to be granted public defense. If your income level exceeds the jurisdiction’s cutoff for financial legal aid, then you will likely not be offered a public defender, or may be required to formally request one. It varies from county to county.

Public Defense is a Busy Job

Talk about having a lot of clients. Public defenders are notorious for being overloaded with criminal cases, and therefore, not able to devote a lot of time per defendant. This is extremely detrimental to the outcome of a defendant’s criminal case, since a private criminal defense law firm devotes all of their time to creating the strongest, most impenetrable defense against their client’s criminal charges. Although they know the court system and presiding judges well, they simply do not have the time to ensure your criminal case is viable.

When You Will Be Given the Option

You will be given the option of choosing a public defender usually at your arraignment (pre-trial court appearance) or at the preliminary hearing. Arraignments are held directly after a defendant’s arrest, while initial hearings are generally scheduled between 14 and 24 days, depending on whether the defendant is in jail or not. In some cases, a defendant is assigned a public defender at the arraignment, but then has the option to choose private defense if charges are actually filed against them.

Choose a Certified Criminal Defense Lawyer Who Can Beat Your Indiana Criminal Charges

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. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction in Indianapolis, or throughout the state of Indiana. Request a consultation, today.

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

Criminal Record Expungement FAQS for 2021

If you have a permanent record with arrests, criminal charges, or worse, actual convictions, you might just be in luck. Indiana has passed laws that allow those with past criminal records to either erase those records or seal them from the public access forever. But not just anyone qualifies. You must pass the state criteria to be eligible. Have questions? So do many others.

Continue reading to review the most frequently asked questions about Indiana criminal record expungement for 2021, and learn how to get started on your petition now.

Indianapolis Indiana Criminal Defense
Indianapolis Indiana Criminal Defense 317-636-7514

Expungement FAQS for 2021

What is Indiana Criminal Record Expungement?

No one wants to carry around the stigma of what it means to have a criminal record. In comes Indiana criminal record expungement, which is a court-ordered process that allows those who qualify to conceal or destroy their arrests, charges, and convictions. This process is also referred to as “setting aside a criminal conviction.”

What is the Indiana Second Chance Law?

In July of 2011, the Indiana General Assembly passed legislation that permits those who qualify to erase or seal certain parts of their criminal records. You can actually review the revised and condensed decree in Indiana Code 35-38-9, which went into effect July 1, 2013. Us Hoosiers know this legislation as Indiana’s Second Chance Law, as it provides a second chance at life, prosperity, and contentment.

What are the Benefits of Criminal Record Expungement?

With a clean criminal history, you are opening yourself up to a whole new world of opportunities, especially if you have a felony on your record. With sealed or erased arrests and convictions, you place yourself in a position to get a better career, apply for a professional license, get a school loan, a bank loan for a new house for your family, and even enter the dating world without public background checks holding you back! There are many reasons to expunge your criminal records! Even simple peace of mind is enough to persuade you.

Do I Qualify for Criminal Record Expungement?

To qualify for criminal record expungement or sealing, one must meet very specific requirements. The two most influential factors to determining eligibility include the type of conviction and the amount of time that has passed since the date of the conviction. Some convictions cannot be expunged nor sealed, such as murder and sex crimes. However, most arrests and charges that did not end up in conviction can be expunged or sealed.

How Much Does it Cost to Expunge Criminal Records in Indiana?

The cost of criminal expungement in Indiana differs. It all depends on the severity of the conviction, the number of convictions, the location of the convictions, the age of the convictions, and court costs. Fortunately, there are law firms that do not charge a fee for your first consultation.

Who to Trust for Indiana Criminal Record Expungement Help

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about appeals and expungement in Indiana. He is eager to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

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

Is it Possible to Get My Criminal Charges Reduced in Indiana?

After an arrest, your first thought is, “how much trouble am I in?” So, it is no surprise that one of the most common questions among criminal case defendants is, “can I get my charged reduced? Or better yet, dropped?” If you are wondering whether or not it is possible to get your criminal charges reduced in Indiana and avoid jail time completely, you are already on the right path. It is important to protect your rights and preserve your freedoms, and we will tell you what you need to know.

Continue below to learn about felonies and misdemeanors in Indiana, as well as their current sentencing schedules.

Indianapolis Indiana Criminal Defense
Indianapolis Indiana Criminal Defense 317-636-7514

Most Crimes are Classified as Misdemeanors and Felonies

Misdemeanors

Misdemeanors are not as serious as felonies, but they are still criminal offenses, nonetheless. Misdemeanors are categorized from Class A to Class C, with Class A being the most serious, and Class C being the least serious misdemeanor. Regardless of seriousness, they can all affect several aspects of a person’s life, including finances, driving privileges, renters’ agreements, housing, financial aid benefits, employment, professional reputation, child custody, and more. Misdemeanors are punishable by up to 1 year in jail and up to $5,000 in fines.

Felonies

A felony is a serious crime because it is a federal crime, or crime against the federal law. Felonies come with harsher penalties as a result. If you are facing a felony conviction in Indiana, it is vital that you hire a private Indianapolis criminal defense lawyer to protect your rights and keep you out of jail. Felonies are categorized on a spectrum from least serious to most serious, from Level 6 Felonies to Level 1 felonies, and then murder at the very top as the highest felony, and in its own category.

Level 6 felonies are punishable up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties. Level 6 Felonies are typically called “wobblers” because they can often be reduced to a Class C Misdemeanor if the defendant has no priors. Level 1 and 2 felony crimes are the most serious levels, excluding murder.

How to Reduce Your Indiana Criminal Charges

If you are charged with a misdemeanor crimes or felony crimes in Indiana, it is vital to speak with an experienced and skilled Indianapolis criminal lawyer you can trust. Your next moves can drastically impact the overall outcome of your case, and the well-being of your future! Call Attorney David E. Lewis at 317-636-7514 to discuss the most effective legal strategies and defenses for your Indiana criminal case. We offer free consultations, so there is no out-of-pocket obligation to learn more about your charges and possible penalties. Schedule your consult over the phone, via video conference, or in-person at our Indiana criminal defense law firm

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

What if I Regret Entering a Guilty Plea?

We often say and do things that we regret. Even if in the moment we feel strongly about our decision, later on after it sinks in, the reality of your choices can hit you hard. Such is often the case with criminal defendant’s who plea guilty to their charges. Do these individuals have a chance to take back their plea if they later decide they don’t want to plea guilty?

Continue reading to learn more about appealing pleas in criminal court, and what you can do to ensure your defense protects you from losing your rights and your freedoms.

Indianapolis Criminal Defense Law Firm
Criminal Defense Law Firm 317-636-7514

Granted Appeals

After a person is found guilty of a crime they were charged with, they do not have to agree with the judge or jury’s findings. Defendants are given the right to appeal a verdict and ask for a new trial in appellate court. This procedural right is denoted in the United States Constitution, Article 7, Section 6. For this purpose, they often hire a criminal defense attorney who is a certified, court-recognized criminal appellate lawyer. These are lawyers who are certified through their state bar organizations and specialize in appealing convictions.

Denied Appeals

As a defendant in criminal court, you have the right to file for an appeal to overturn the conviction, or certain perimeters of the conviction. However, if you have already agreed to and entered a guilty plea, whether you went to trial or not, there is no chance at appealing your verdict. This also applies to no contest or “nolo contendere” pleas. However, in place of an appeal, you could enter a “motion to withdraw” your plea, which simply means you have changed your mind and wish to plea differently.

Filing an appeal and withdrawing a plea are two different processes. The laws and regulations for withdrawing plea deals vary greatly from jurisdiction to jurisdiction. It also differs between state and federal levels, as federal court has its own unique appeals process compared to state-level ones.

In some states, limited indirect appeals are permitted, and can be pursued without withdrawing a plea; a processed referred to as “filing a writ of habeas corpus.” And this process is very similar to the appeals process. Because of these variations, it is important to check with your criminal defense attorney to learn your state’s particular laws about such procedures.

Need a Skilled and Aggressive Criminal Defense Lawyer in Indianapolis?

If you do not already have a licensed Indianapolis 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 are no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.

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

Will I Be Arrested for Writing a Bad Check?

When a person writes a check and presents it to a bank or merchant, and does so knowing that their bank account cannot cover it, they are committing a crime called check fraud. Passing a bad check can be defended in court by claiming “you did not know” if the state cannot prove intent. This is because passing a bad check is sometimes unintentional, and rather, a result of poor or irresponsible banking practice. On the other hand, there are countless cases of intentional check fraud, ranging from petty to white collar.

What happens to a person who knowingly writes a bad check? Continue reading to find out.

Indiana Bank Fraud Lawyer
Indiana Bank Fraud Lawyer 317-636-7514

Intentional and Knowing

In order for a person to be convicted of check fraud, the state must prove that the defendant wrote and submitted the check knowing that there was not enough money in the account to cover the amount. This court standard is called “intentional and knowing”, and it is the primary element to every check fraud case. If a person is simply bad at balancing their check book, it is possible that they did not knowingly write a bad check.

In this case, the state could not prove intent, so the court could not convict the defendant of check crime. However, the defendant can still be held liable in civil court for any bad checks written. In civil court, they can be ordered to pay restitution to the merchant that received the bad check. Not paying back restitution could lead to more lawsuits and poor credit scores.

What to Do if You Write a Bad Check

If you accidentally write a bad check, you must resolve the situation immediately in order to show you are not trying to defraud anyone. This means paying back the bank for any overdrafts and associated fees, or paying back the merchant who cashed the check. In these cases, time is of the essence, so be sure to act fast. Even a phone call to notify the merchant can help avoid criminal charges from being filed.

Intentional Check Fraud

If you intentionally wrote a bad check, it is not likely that the police will come knocking at your door to arrest you. Instead, the state will issue an arrest warrant and you will need to surrender to the jail and then post bail. If you are worried about being arrested or caught, you need to speak with a licensed criminal defense lawyer right away. They can help you develop a plan that best protects your rights and prevents the maximum penalties for your charges.

Here in Indiana, bank fraud is generally charged as a Level 6 Felony. This is punishable by up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties.

How to Beat Your Indiana Bank Fraud Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 right away if you are facing criminal charges for bank fraud in Indiana. Our skilled criminal defense lawyers retain decades of trial and litigation experience in criminal law and will get to work the very same day you hire us. We will instantly begin investigating your case and building a powerful defense on your behalf. And if we must, we will take your case to trial if we have to, and challenge any evidence brought against you in an effort to obtain the most favorable resolution possible. Schedule a free consultation to discuss your legal options today.

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