Facts About Burglary Charges and Robbery Charges in Indiana

Posted on November 16, 2022 by admin

When you think of theft, the first thing that comes to mind is probably a person stealing something from a store. But in Indiana, there are different classifications of theft charges, and each one can carry serious penalties. If you are convicted of burglary, for example, you could face up to 30 years in prison. Robbery is another charge that can result in a long prison sentence; if you are convicted of robbery, you could spend up to 20 years behind bars. These are just two examples of the many theft charges that exist in Indiana. If you have been charged with any type of theft, it is important to speak with an experienced criminal defense lawyer who can advise you on your options and help protect your rights.

For now, continue below to dive deeper into the difference between burglary and robbery, including how their charges might render separate penalties in Indiana.

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Burglary Versus Robbery in Indiana

In Indiana, robbery and burglary are two separate crimes with different elements and punishments. Burglary is defined as the illegal entry into a building or other structure with the intent to commit a crime inside it, while robbery involves theft by force or threat of force.

Burglary Crimes

Burglary in Indiana can be charged as either a Class D felony or a Class A misdemeanor. The felony charge applies when the burglar enters the building with an intent to commit a crime inside, such as theft. A Class D felony is punishable by up to three years in prison and/or fines of up to $10,000.

Robbery Crimes

Robbery is a more serious crime than burglary and is treated as a Level 3 felony in Indiana. This means that if convicted, the individual will face up to 16 years in prison and/or fines of up to $10,000. Robbery occurs when someone takes something belonging to someone else by force or threat of force, such as through violence or intimidation.

Theft Charges in Indiana are Serious Criminal Cases

It is important to remember that burglary and robbery are both serious offenses in Indiana and can result in significant jail time, fines, and other penalties. If you have been charged with either of these crimes, it is important to speak to an experienced criminal defense attorney in Indianapolis as soon as possible. An attorney can help you understand your rights and the legal process, as well as identify any potential defenses you may have. Don’t risk going through the legal system alone; make sure to protect your rights and get the help of an experienced attorney.

This blog was written for informational purposes only and should not be taken as legal advice. If you have been charged with burglary or robbery in Indiana, contact the Law Office of David E. Lewis at 317-636-7514 to speak to a seasoned Indianapolis theft lawyer you can trust. Our law firm will get you the best possible outcome to your criminal case!

The Importance of Hiring Your Own Criminal Defense Lawyer

Posted on October 21, 2022 by admin

If you or someone you know has been arrested, it is important to understand the different lawyer options that are available in order to choose the best option for your case. Although the law gives you the right to a state-appointed attorney, known as a public defender, it is wiser to hire your own lawyer. With a private criminal attorney working your defense, you have the best chance at obtaining the best possible outcome in court. This means avoiding jail time and preserving your freedoms.

In this blog, we will dive further into the various reasons why private criminal defense is so important in criminal cases, plus provide some tips on how to find a trusted and affordable attorney near you.

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Private Criminal Defense is the Best Defense

A criminal defense lawyer can help you in many ways if you have been accused of a crime. They will review the evidence against you and look for any legal loopholes that could help your case. A good lawyer will also negotiate with prosecutors to get a lighter sentence or have the charges dropped altogether. If you are facing serious charges, a criminal defense lawyer can also help you take your case to trial.

The Benefits of Having a Private Criminal Attorney

When you have been accused of a crime, it is important to have an experienced and knowledgeable criminal defense lawyer on your side. A good criminal defense lawyer can make all the difference in the outcome of your case. Here are some of the advantages of hiring a criminal defense lawyer:

➀ An experienced criminal defense lawyer will know the ins and outs of the criminal justice system.

➁ A good criminal defense lawyer will be able to negotiate with prosecutors to get a more favorable plea deal for you.

➂ A skilled criminal defense lawyer will be able to challenge the evidence against you and make sure that your constitutional rights are upheld.

➃ A knowledgeable criminal defense lawyer will know how to navigate the complex rules and procedures of the criminal justice system.

➄ A competent criminal defense lawyer will be able to provide you with an aggressive defense, which can make all the difference in the outcome of your case.

If you have been accused of a crime in Indiana, it is important to hire an experienced and knowledgeable criminal defense lawyer who can fight for your rights and ensure that you receive a fair trial. Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Will I Be Eligible for a Diversion in Criminal Court?

Posted on October 18, 2022 by admin

After being charged with your first offense, the courts may decide that you are eligible for a diversion program. Diversion programs allow defendants to avoid a conviction and sentence by completing certain requirements, such as drug treatment or community service. These programs can be beneficial for first-time offenders or those with non-violent crimes. Speak to your attorney about whether you may be eligible for a diversion program in your case.

Continue below to learn more about diversion programs, including what it might mean for your future and your freedom if you are granted this legal option.

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What is a Diversion Program?

The concept of diversion in the criminal justice system is not new. However, over the last several decades, there has been an increased focus on the use of diversionary programs as an alternative to traditional prosecution and sentencing. Diversion allows defendants to avoid a criminal conviction altogether by completing certain requirements, such as treatment or counseling.

Common Benefits of a Diversion Program

Diversion programs can be very beneficial for both defendants and the criminal justice system as a whole. For defendants, diversion can provide an opportunity to address the underlying issues that led to their criminal behavior. This can help them avoid future involvement with the criminal justice system. Additionally, diversion can be less costly and time-consuming than traditional prosecution and sentencing. They can also save taxpayer money by avoiding the costs of prosecuting and incarcerating offenders.

Kinds of Diversion Programs

There are a number of different types of diversion programs, and each jurisdiction has its own rules and regulations regarding eligibility and program requirements. If you have been charged with a crime, it is important to speak with an experienced Indianapolis criminal defense attorney who can determine if diversion might be an option in your case.

Eligibility For Diversion

Criminal offenses eligible for diversion are typically nonviolent crimes. The offender is diverted from the criminal justice system and placed into a probationary program. If the offender successfully completes the program, the charges against them are dropped.

Offenses eligible for diversion vary from jurisdiction to jurisdiction, but they often include minor drug offenses, petty theft, and vandalism. In some cases, first-time offenders may be eligible for diversion even if they have been charged with a more serious offense.

If you have been charged with a crime, you should talk to a qualified criminal defense attorney in Indianapolis to see if you are eligible for diversion. An experienced attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced Indianapolis criminal defense attorney who specializes in first time offenses. We can hold meetings over the phone or in person at our Indy-based office.

Is it a Crime to Skip Jury Duty?

Posted on October 7, 2022 by admin

Most of us feel the same way about jury duty. It is on the same level as going to the dentist or being asked to cover the late shift. Not many of us jump to the duty, as they call it, yet most have no choice in the matter. Without a good excuse and proof of, it is virtually impossible to get out of jury duty. Regardless, after receiving a jury duty summons, your first thought might be, “how can I get out of this?”, while your second thought might be, “do I really have to show up?”

Both of these are common jury duty questions that deserve accurate and update answers. After all, you could be penalized for missing jury duty. Does such penalization serve as grounds for an arrest or jail time? How is one penalized for skipping jury duty? How can you get out of jury duty? All of these are great questions.

Continue below to learn the answers to them all, including what to do if you miss your jury duty date.

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Facts About Jury Duty

Jury duty is an important civic responsibility that helps to ensure the fairness of our legal system. While it may not be the most exciting way to spend a day, serving on a jury is an essential part of democracy. Serving on a jury is a privilege and a responsibility that should not be taken lightly. It is an opportunity to play a role in ensuring justice is served, and to learn more about how our legal system works. Jury duty can be an inconvenience, but it is also an important part of being a responsible citizen.

Jury duty typically involves sitting in a courtroom and listening to evidence presented by lawyers in a criminal or civil trial. After hearing both sides of the case, the jury deliberates in private to reach a verdict. Jurors are chosen at random from a pool of eligible citizens and must be impartial and objective when hearing a case. This can be challenging, especially in high-profile cases, but it is important to remember that everyone is entitled to a fair trial.

Jury Duty Obligations

If you fail to appear for jury duty, you may be subject to contempt of court charges. This could result in a fine or even jail time. But in most cases, the court just reschedules your jury duty for another date. However, it’s best to avoid missing jury duty altogether if possible. If you miss jury duty, contact an Indianapolis criminal defense lawyer for your best chance at avoiding the maximum penalties for your charges. A criminal attorney can negotiate with the courts and get you a new jury duty date in lieu of criminal charges or jail time.

Were you summoned for jury duty but missed your scheduled date? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

What You Can Expect From a False ID Charge in Hamilton County

Posted on September 28, 2022 by admin

False ID charges in Hamilton County, Indiana, whether you were arrested in Noblesville, Fishers, or Carmel, are serious criminal matters that require the astute knowledge and experience of a criminal defense lawyer. Continue below to learn what you can expect from a false identification criminal charge in Hamilton County, plus how to build a strong and impactful case against your charges in order to obtain the best possible outcome in court.

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Fake ID Charges in Hamilton County Indiana

Many people think of fake IDs as a laughable, excusable, and minor infraction, partly due to their prevalence among adolescents and minors under the age of twenty-one years old. Many people have had experience with a false identification or drivers’ license at one point in their life, especially in college. However, the truth surrounding fake IDs is bleaker than most imagine. False ID charges, particularly in Hamilton County, are very serious. They can lead to some long-lasting consequences that affect a person’s overall quality of life. Such consequences can even carry on into adulthood for those charged with or convicted of possessing or using a false ID as a juvenile.

A False ID is a Misdemeanor Offense in Indiana

The consequences for being charged and convicted of having a fake ID is dependent on whether that identification was used to buy and consume alcohol or not. For anyone who uses a fake ID to buy and/or consume alcohol, they will face more serious consequences if caught. This offense would be charged as a Class C Misdemeanor in Indiana. If convicted, the individual would face several penalties, including 60 days in jail, one year driver’s license suspension, a $500 fine, and permanent marks on their driving record.

Fair warning, a person does not have to possess and use an actual fake identification card, such as a state ID or driver’s license, in order to be charged with a fake ID offense. For instance, if someone under the age of twenty-one years old enters a bar and orders a drink claiming to be of age, they can be arrested on false ID charge for unlawfully misrepresenting their age.

How to Fight a Fake ID Charge in Hamilton County

The best weapon against a fake ID charge in Hamilton County, Indiana, is a private criminal defense attorney who specializes in fraud and forgery charges. Attorney David E. Lewis can get you the best possible outcome in court after being charged with a false ID crime in Indiana. He also specializes in underage offenses and juvenile defense.

Are you or your minor child facing criminal charges for having or using a fake ID in Hamilton County? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Where to Get Aggressive Criminal Defense in Indianapolis

Posted on September 20, 2022 by admin

Don’t get stuck with the maximum penalties for your suspected crimes. Talk to a seasoned criminal defense lawyer in Indianapolis about possibly dismissing or reducing your Indiana criminal charges. But who can you trust to have compassion for your life, and work around the clock to protect your rights and preserve your freedoms? Choose the criminal defense attorney that so many other Hoosiers have in the past, David E. Lewis.

Attorney David E. Lewis Will Get You the Best Possible Legal Outcome

When you are charged with a crime in Indiana, trust an aggressive and experienced Indianapolis criminal defense attorney to protect your rights and preserve your freedoms. Attorney David E. Lewis is the only professional authority for the job. He has decades of experience working in the criminal law field and has successfully defended thousands of offenders all over the state. He has been able to recover reduced sentences and even have charges dismissed for several of his past clients and will do everything in his power to provide the same results for you!

Your Case is His Top Priority

Attorney David E. Lewis will work around the clock to build a strong and impactful defense against your criminal charges, all while remaining a constant advocate for you during the entire legal process. He truly has his clients’ best interests in mind at all times, and never passes judgement on anyone that calls or comes through his doors. He strongly believes you are innocent until proven guilty! Don’t let a novice criminal defense attorney lead your case. They may not have the evolved knowledge from years of hands-on experience; an attribute that sets David E. Lewis apart from other entry-level criminal attorneys.

Your Chance at a Better Future

You have a realistic chance at avoiding jail time, thousands of dollars in fines, and other extreme penalties for drug crimes when you have an experienced Indianapolis defense attorney behind you. David E. Lewis, Attorney at Law, is fully equipped to take on your criminal case and fight for your rights. With him and our professional legal team on your side, you will have the professional guidance and knowledge it takes to remain strong and emotionally intact during your criminal legal proceedings.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Where to Get Information About Indiana Drug Schedules and Categories

Posted on August 26, 2022 by admin

Although every drug is categorized in a schedule, Indiana Code allows the Indiana State Board of Pharmacy to suggest modifications and deletions to the state legislature at any time. If you are facing drug crime charges in the Hoosier state, it is important to educate yourself on these schedules so that you are well-prepared for your initial hearing and the court appearances that follow.

Continue below to learn where you can get information about Indiana drug schedules and categorization that is pertinent to your criminal case.

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Indiana’s Classification of Drugs

In Indiana, a classification system is used to categorize and define all drugs and controlled substances according to their abuse potential and addictive nature. These classifications are called “schedules” and were developed by Federal government and Indiana legislature. They range in number, from 1 to 5, and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Indiana Drug Schedule 1 Through 5

Schedule 5 (V) drugs are considered to be the least dangerous and addictive, with the lowest risk of dependency (addiction). Examples include non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 (IV) drugs are considered to have a slight risk of physical or psychological dependency, but a wide range of medically accepted uses. Examples include tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.

Schedule 3 (III) drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. Examples include testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule 2 (II) drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. Examples include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital, and phenmetrazine.

Schedule 1 (I) drugs are considered to be the most dangerous and have the highest abuse potential. Examples include heroin, mescaline, peyote, benzylpiperazine, psilocybin, methaqualone, MDMA (Ecstasy), LSD (Lysergic Acid Diethylamide), and tetrahydrocannabinols (THC). Yes, that’s right; marijuana is a Schedule one drug in Indiana, so the potential penalties will be high if these are the charges you face. Be sure you have a skilled lawyer working your defense.

To learn everything that you need to know about your current drug charges and how they relate to Indiana’s drug schedule, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced drug charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

Are Dropped Charges the Same as Dismissed Charges?

Posted on August 17, 2022 by admin

When criminal charges are no longer being held against you, they have either been dropped or dismissed. Although they render virtually the same results, charges dropped and charges dismissed are two different criminal outcomes. Continue reading to learn the difference between dropped charges and dismissed charges, including the pros and cons of each.

The Prosecutor Decides to Drop or Dismiss Charges

In criminal cases, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges. Also known as the People, the State, or in federal cases, the United States, the prosecutor will ultimately make the decision to either drop, dismiss, or pursue the criminal charges against a defendant of the court. If the prosecutor chooses to pursue the criminal charges against a defendant, they must prove every element of the criminal act beyond a reasonable doubt. Because this is a challenging burden to undertake, prosecution will sometimes choose to drop or dismiss the criminal charges instead.

Criminal Charges That Are Dropped

Criminal charges can be dropped before or after charges have been filed with the court. The most common reason why charges are dropped in criminal cases is due to insufficient evidence. As we mentioned before, prosecutors have the burden of proving every single factor of a crime beyond a reasonable doubt. If there are holes in their case against the defendant, they may lack confidence in their ability to prove their assertions beyond a reasonable doubt.

Additional reasons why prosecutors might drop charges include errors in law enforcement procedures and violation of amendment rights, specifically 4^th, 5^th, and 6^th. Sometimes, courts, prosecutors, and government offices have heavy caseloads but not enough resources to deal with them all. This might lead a prosecutor to drop criminal charges the defendant. In other cases, a criminal defendant might have information that can help law enforcement pursue bigger criminal cases. If the defendant is willing to help, they might be offered a deal that involves dropping their criminal charges.

Criminal Charges That Are Dismissed

Criminal charges are usually dismissed for the very same reasons they are dropped, and lack of evidence is still the most common. The main different between dropped criminal charges and dismissed criminal charges is where they occur in the timeline of the judicial process. Dismissed charges generally don’t take place until later on, after the judge or prosecutor realizes they don’t have what they need to prove that the defendant is guilty of the alleged crimes. Oppositely, charges can be dropped before anything is even filed with the court.

Further distinctive of dropped charges, dismissed charges can be ordered by the judge rather than the prosecution. If the judge feels that there are holes in the case, they might override the process and dismiss the charges themselves.

Pros and Cons

Although hypothetical, if you could choose, you would want your charges to be dismissed. When charges are dropped against a defendant, prosecution still has the opportunity to reinstate their criminal charges later on. This might happen if they gather more sufficient evidence against you, allowing them to build a stronger case that proves you are guilty of the alleged crimes. When charges are dismissed, they typically stay dismissed for good.

Are you ready to fight your current criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

How to Reduce Your Indianapolis Criminal Charges

Posted on August 11, 2022 by admin

Ultimately, your number one goal after being arrested is to evade criminal charges. After criminal charges ensue, it is only natural to turn your focus on dismissing or reducing them. Fortunately, there are things you can do to help increase the chances of this happening.

Continue below to learn how to reduce your Indianapolis, Marion County criminal charges, including which criminal defense law firm is a top-choice for aggressive and skilled representation.

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Dismissal of Criminal Charges is Not Common

Although prosecution has the choice to drop your criminal charges either before or after they’ve been filed with the court, it is usually an unlikely outcome. Criminal charges are only dropped under specific circumstances, mostly as a result of insufficient evidence, but also due to factors like fourth amendment violations, which is when evidence is illegally obtained, like in the case of an illegally executed search warrant, as well as procedural issues, and resource issues. In some cases, prosecution may decide to tropical charges against the defendant. If they are willing to cooperate with law enforcement as an informant against another defendant or case.

Reducing Criminal Charges is a Strong Possibility

Compared to dismissal of criminal charges, reducing criminal charges is very possible. However, in order to have your criminal charges reduced, it is important to start out with the right representation. Although public defenders do society a service, it is not recommended to choose free legal representation when facing criminal charges. Public defenders have very high caseloads and cannot spend enough time working on each case with specific intent.

A private Indianapolis criminal defense lawyer can put their focus on your case and do everything it takes to lessen your criminal charges and therefore protect your rights and preserve your freedoms. Basically, if you want to avoid jail, hefty fines, and loads of community service, you need to hire a private criminal defense attorney. Without specialized and experienced criminal defense representation, it is very unlikely that the prosecutor will budge on your criminal charges.

Additional Factors to Consider When You Want to Reduce Your Criminal Charges

A plea bargain, or plea deal, is the key that will unlock your opportunity to reduce your criminal charges in Indianapolis. In order to be offered a reasonable plea deal, you will need seasoned criminal defense representation. A private criminal attorney can build you a strong and impactful defense against your charges, and ultimately convince the prosecutor to be more lenient. Not only can you jail time, but you can also avoid excessive hours of community service, rehabilitation programs, home detention, thousands of dollars in fines, and much more.

The lesser your criminal charges, the more promising your future. It is important to avoid jail time, especially if you have children or people who depend on you. Spending time in jail can put your job in jeopardy, plus create all sorts of social and domestic obstacles. It is in your best interest to have your criminal charges significantly reduced so that you can maintain the best possible quality of life for you and your loved ones.

Money Should Not Be a Concern

Many people choose to forgo private legal representation due to money or budgeting problems, but there is no price for freedom and peace of mind. Invest in yourself and your loved ones by paying out of pocket for private criminal defense in Indianapolis. A reputable criminal defense law firm will work with you on payment plans so that you can enjoy your freedom without going into debt or making any financial sacrifices.

Are you looking for a trusted criminal defense law firm in Indiana who can help you reduce or dismiss your criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

When Do I Have a Right to an Attorney?

Posted on July 27, 2022 by admin

If you are a criminal suspect or defendant, the grants you the right to an attorney. This right is thanks to our 6^th Amendment. Continue below to learn what you need to know about exercising this right, including how to protect it from start to finish in your criminal case.

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The Sixth Amendment Right is Reserved for Criminal Prosecution

The 6th Amendment provides many important rights for criminal defendants, including the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the law and the penalties for violating such law, the right to confront witnesses against you, the right to require witnesses in your favor to testify on your behalf, and of course, the right to an attorney. But you are only conferred the right to an attorney if you are under criminal prosecution. Basically, if you are suspected of a crime, the law gives you the right to have an attorney present every step of the way, from the moment you are arrested and read your Miranda Rights to the day of your appeal hearing.

If you are facing a civil suit, such as a custody matter or contract dispute, you do not have a right to an attorney, and instead, would have to retain a private lawyer on your own. The reason why criminal defendants have a right to an attorney and civil defendants and claimants do not is because civil matters only result in fines and other civil penalties, while criminal matters can lead to a loss of freedom.

How to Execute Your 6^th Amendment

There are many instances in which you can evoke your 6^th amendment right. First, if you are arrested and have been read your Miranda Rights, you are officially in police custody, which means you are not allowed to leave and any questions the police ask are custodial. In this case, you would be immediately eligible to use your right to an attorney as soon as they begin asking you questions. Your sixth amendment right is an important protection against custodial interrogation. Any questions asked by the police are designed to trick you into incriminating yourself.

You can also use your sixth amendment right during any court appearance you have, even after being found guilty. You have in a right to an attorney at all pretrial hearings, such as your arraignment and initial hearing, as well as all other court appearances, including trial, sentencing, and appeals.

When Your Right to an Attorney Ends

At some point in the criminal justice process, your right to an attorney will come to an end. For instance, if you are scheduled any post-conviction hearings for probation or parole, or even a parole revocation hearing, you no longer have a right to an attorney. For these types of hearings, you would be required to hire your own private lawyer. Also, if a defendant is still locked up and they are scheduled a disciplinary hearing, they do not have a right to an attorney.

Are you looking to avoid jail time and the maximum penalties for your criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!