Can I Get Immunity for Testifying Against Another Person?

When you are charged with the crime, your first thought might lean toward your Fifth Amendment right. What is your Fifth Amendment right? Well, under the United States Constitution, your Fifth Amendment right provides you with protection against double jeopardy, self-incrimination, and more. Under the 5th Amendment, a person cannot be tried twice for the same crime, nor can they be forced to testify against themselves. Lastly, it protects defendants against be deprived of life, liberty, or property prior to due process of the law.

So, how does your Fifth Amendment right relate to being granted immunity in a criminal case for testifying against someone else? Continue reading to find out.

Immunity Lawyers Indianapolis Indiana 317-636-7514
Immunity Lawyers Indianapolis Indiana 317-636-7514

Testifying for Immunity in a Criminal Case

As a citizen of the United States, you are protected against self-incrimination. This means that you cannot be forced to provide information that directly incriminates yourself or respond in a way that will lead to the discovery of evidence that can potentially incriminate you. This is why you have the right to remain silent and the right to an attorney at the moment you are arrested and read your Miranda Rights. Although law enforcement and courts encourage you to tell the full truth and confess to the crimes you are guilty of, you cannot be forced by law to do so.

How does this relate to exchanging your testimony for immunity in your own criminal case? Well, sometimes prosecution will make a deal with a defendant who is suspected of particular crime or criminal activity by offering them immunity in exchange for testimony against another suspected criminal or crime leader. This prosecutor strategy is typically used with large drug trafficking and sex ring cases, or in criminal cases involving black market operations.

2 Types of Immunity

There are two common types of immunity offered by prosecution in criminal cases: Total Immunity and Use and Derivative Use Immunity. Total immunity, also known as transactional immunity, refers to an arrangement that gives a suspect complete protection against being charged at any point in the future based on matters related to their testimony.

Use and derivative use immunity is a similar arrangement to total immunity, but with more restriction, which is why it is the more common type offered in criminal cases. A person who is granted this type of immunity will be protected against being charged by prosecution based on statements, or any evidence uncovered from their statements, given in their immunized testimony.

Who is Granted Immunity in Indiana?

In order to be eligible for immunity, you must have valuable information against another serious offender in Indiana. Furthermore, prosecution must believe that your information can help them bring about a case or serve as concrete evidence against said suspected criminal. Keep in mind that there are limitations and rules that go along with this type of legal arrangement. After all, immunity is more of an inventive for prosecution, who uses it as a tool to get what they want.

Once a person is granted immunity, they must testify in court against the person they have information on. If the person refuses to testify after being given immunity, they will be held in contempt of court. Furthermore, being granted immunity does not mean that a person is entirely cleared. Prosecution could later indict an immunized witness, so long as prosecution and law enforcement can prove that the case is based exclusively on evidence separate from the witness’s immunized testimony.

Being granted immunity in exchange for testimony in Indiana is rare. If you are facing minor criminal charges, it is not likely that prosecution will want your testimony unless you do have information on a serious criminal ring or offender in Indiana. It is important to speak with your Indiana criminal defense lawyer to understand your rights and best options for defense during the criminal justice process.

What Does Immunity Mean?

If a person is granted immunity in exchange for their testimony against another suspected criminal in Indiana, it means that the testimony they provide cannot be used as evidence to support further criminal charges or an indictment against them.

So, if a defendant admits to burglarizing a convenience store while testifying against another person, prosecution cannot file charges against them for burglary if they are giving their testimony in exchange for immunity.

In another example, if the defendant admits to fleeing the state while on parole, they cannot be charged with a parole violation afterwards if such confessions were provided during a testimony in exchange for immunity.

Are you currently facing criminal charges in Indiana but have no idea what to do? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

You Should Also Read:

What You Need to Know About Immunity in a Criminal Case
Proper Conduct for a Trial Witness
What is a Commuted Sentence?

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Can I Request a Motion to Suppress in My Criminal Case?

After being arrested and charged with a crime in Indiana, your main focus will likely be on defending yourself against such charges and avoiding the maximal penalties if ultimately convicted. The most effective way of achieving this goal is to hire a skilled Indianapolis criminal defense lawyer. As you and your trusted attorney dive deeper into building and impactful defense against your criminal charges, you are bound to come a common legal strategy known as a motion to suppress. Because being granted a motion to suppress can significantly improve the outcome of your case, you probably want to know more about it, including when it can be applied during your trial.

Continue reading to learn more about motions to suppress, and when your lawyer might decide to use it in your criminal case.

Indiana Criminal Lawyers 317-636-7514
Indiana Criminal Lawyers 317-636-7514

Facts About Motions to Suppress

A motion to suppress is a strategic defense tactic used to keep certain types of evidence unavailable during the criminal justice process. Basically, defense attorneys in Indianapolis will request a motion to suppress as an attempt to conceal evidence that can lead to a guilty conviction. Upon being granted a motion to suppress, even the strongest or most damaging evidence is prohibited from being interred as evidence in the criminal case. So, you can see why this can be such beneficial defense strategy.

When is a Motion to Suppress Granted?

It is very rare to be awarded a motion to suppress in criminal court because there are only a few circumstances that qualify for approval. If evidence is obtained illegally or is in violation of a defendant’s state or federal rights, a motion to suppress is usually granted on behalf the defense. If you were to be granted a motion to suppress, it would happen during your criminal trial.

How is Evidence Obtained Illegally?

There are many ways evidence can be obtained illegally, but the most common way this type of criminal injustice occurs is when a defendant’s first language is not English, and they were not given a translator at the time of their interrogation or criminal questioning. Another way evidence can be obtained illegally is if a defendant was intoxicated at the time they confessed to their suspected crimes. Having a mental disability can also be considered an illegal retrieval of evidence in the case of the confession or interrogation.

Are you currently looking for criminal defense, or believe that the evidence being used against you was obtained illegally? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense in Indianapolis, Indiana. Our esteemed criminal defense attorneys represent juveniles, minors, and adults all throughout the state of Indiana.

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Reducing Criminal Charges With a Plea Bargain
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Indianapolis Criminal Defense 317-636-7514
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Top Indiana Criminal Law Facts Everyone Wants to Know

As a leading criminal defense law firm in Indiana that has been practicing for nearly 3 decades, we have heard almost every question in the book. But when it comes to the most frequently asked questions about criminal law and defense, there are a handful that certainly top the list. Continue reading to learn the top criminal law facts that everybody wants to know, and how to get protect yourself from the maximum penalties for your pending criminal charges.

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

Indiana Criminal Law and Criminal Defense Facts

Whether you are somebody who lives in Indiana or simply passing through, it is important that you know these criminal law and criminal defense facts:

Law Enforcement Searches

Everyone wants to know the legalities surrounding law enforcement searches. The truth is, if law enforcement wants to search your house or car, you reserve the right to say no. However, if police have a valid search warrant for your house or other property, then you cannot decline. If this happens to you immediately contact in Indiana criminal defense lawyer for guidance.

Field Sobriety Testing

If a person is pulled over because they are suspected of driving under the influence of either alcohol, controlled substances, or drugs, the driver has the right to refuse a breathalyzer and field sobriety test. However, under Indiana law, if you do refuse either of these tests, your driver’s license is immediately suspended for six months. When signing your registration, you automatically agree to these terms. You will also face additional penalties if ultimately convicted of a DUI.

Suspended Licenses

Here in Indiana, is illegal to operate a motor vehicle driver’s license is suspended or revoked. If you are caught driving with a suspended or revoked license, not only will you be required to pay hefty fines, but you will also lose your driving privileges for an extended period of time.

Rights to Attorney Requests

When you are arrested in Indiana, you have the right to request to consult with an attorney before answering any questions asked by law enforcement or investigators. In fact, it is strongly encouraged to always speak with a criminal defense lawyer before agreeing to be interviewed by law enforcement. This entitlement has to do with your Miranda Rights.

Criminal Records

Many people assume that a criminal record is permanent, but not all criminal arrests, charges, and convictions have to be. Speak with a skilled and experienced Indianapolis crime lawyer who is well-versed in Indiana’s Second Law to learn your eligibility for criminal record expungement.

Juvenile Defense

Although contrary to common belief, juveniles can be tried as adults, and therefore be penalized like one. It is important to retain the services of a private criminal defense lawyer to avoid the situation, and to protect your child from being sentenced to the maximum penalties for their criminal charges.

Are you currently facing criminal charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled criminal defense in Indianapolis, Indiana. We represent adults and juveniles.

You Should Also Read:

Can a Security Guard Arrest Me?
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FAQS About DUI Checkpoints

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FAQS About Being a Witness in a Criminal Case

Criminal cases at any level are serious, as they can significantly alter the course of your life and negatively impact your pursuit of happiness. For this reason, it is important to be prepared for your criminal case by retaining a skilled defense lawyer, especially if you must testify or have witnesses at your trial. Even if you have been subpoenaed to testify in another person’s criminal case, it is wise to be prepared, as court hearings are very serious matters.

Whether testifying at another’s trial or your own, continue below to review some frequently asked questions about being a witness in a criminal case, and who to trust for aggressive criminal defense that can preserve your rights and freedoms.

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

Frequently Asked Questions About Trial Testimonies  

What To Do After Receiving a Subpoena

If you were subpoenaed to be a witness at another defendant’s criminal case, be sure to take it seriously by responding according to instructions and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge can be offended and provoked if you ignore one. As a result, the judge can take a personal interest in you and pursue penal action. The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer or have worked with a trusted one in the past, contact them and inform them of the subpoena.

How Can I Be a Good Trial Witness?

First and foremost, always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, dress business casual, be on time, and maintain a calm and polite composure. Avoid using bad or offensive language, and only speak when spoken to. If you are testifying at your own trial, always take your lawyers advice and follow their instructions.

Can a Child Be a Witness in a Criminal Case?

In the case that you have witnesses at your trial, whether in support of proving your innocence or guilt, there is a possibility that it can be a child or juvenile minor. Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children. A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies.

Can I Get Immunity For Being a Witness?

Immunity is basically a “hall pass” or “get out of jail free card” for a person who is charged with or suspected of a minor crime. In exchange for vital information and testimony that will help prosecute a more high-profile criminal, a prosecutor will not move forward with charging a suspect. But, not every is offered immunity. Immunity is typically reserved for more high-profile cases and long-standing investigations. Common cases that might involve an offer of immunity include crime bosses, drug traffickers, smugglers/black-marketers, white collar fraud, sex trafficking, and similar serious crime enterprises.

Can I Be a Witness in My 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 this is the case for your own trial, there are some rules to follow. 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. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Are you looking for an experienced and aggressive defense lawyer who won’t let you be subjected to the maximum penalties for your Indiana criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

You Might Also Read:

The Top Three Rules for Testifying in Court
The Importance of Witness Depositions in a Criminal Case
What are My Rights at Trial?

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Frequently Asked Questions About Welfare Fraud

What is welfare? Welfare is a form of government assistance, and provides public relief and benefits to those in need. The government looks at age, income, financial status, disabilities, and other infirmities to verify if a person qualifies for welfare programs. Federal welfare programs are administered by the state, and paid for out of public reserves funded by tax revenues.

If you or someone you love was recently arrested or indicted on welfare fraud charges or disability fraud charges here in Indiana, you need to educate yourself on the facts and obtain legal assistance right away. Continue reading to review some of the most frequently asked questions about welfare fraud, including how to get started on protecting your rights and preserving your freedoms.

Indiana Welfare Fraud Lawyers 317-636-7514
Indiana Welfare Fraud Lawyers 317-636-7514

Welfare Fraud FAQS You Need to Know

Which Welfare Programs are Available?

Examples of welfare-related programs include Supplement Nutrition Assistance Program (SNAP), Aid to Families with Dependent Children (AFDC), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (social security), Medicaid, and more. These programs offer relief and benefits in the form of food stamps, cash, utility assistance, childcare, medical care, and more.

What is Welfare Fraud?

When a person takes advantage of these programs by filing false information in order to qualify for governmental assistance, it is called welfare fraud. And it is a serious theft crime. For example, a woman was sentenced to 8 years in a federal prison after being found guilty of welfare fraud. She used at least 7 different identities and claimed over 30 children, ultimately collecting over $200,000 in welfare checks and over $50,000 in food stamps!

What are Welfare Crimes?

Welfare fraud is a broad crime category containing many forms of welfare crimes. Disability fraud, social security fraud, and unemployment fraud all fall under welfare fraud. Criminals use false identities, claim non-existent dependents, and file documents with falsified information to qualify for government assistance programs.

What are Some Examples of Committing a Welfare Crime?

▷ False reporting of income or employment.
▷ Claiming fake dependents.
▷ Lying about number of occupants in home.
▷ Reporting that a parent does not live at the house when they do.
▷ Neglecting to obey terms of probation while on welfare assistance.
▷ Lying or hiding drug-related convictions or felony arrests on applications.
▷ Hiding or lying about personal assets.
▷ Using false identities to receive multiple benefits.
▷ Failing to disclose additional assistance programs being used.

What is Welfare Disability Fraud?

If you knowingly lie about your need for or entitlement to governmental assistance, or use your loved one’s government assistance knowing they lied to qualify, you are engaging in welfare/disability fraud. It is important to hire a seasoned criminal defense attorney to protect your rights and preserve your freedoms if you believe you may have committed welfare fraud. Making mistakes is part of being human; it is how you manage them that matters.

What Should I Do if I Was Just Arrested for Welfare Fraud in Indiana?

If you are under investigation for public assistance fraud, or have already been charged, it is vital to your future to call criminal defense attorney, David E. Lewis, for tough and aggressive representation. He will develop a strong and impactful defense based on your specific circumstance, challenge all the evidence brought against you, and resolve your case in a way that is the most favorable for you.

Ready to get started? Contact us directly at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense against your state or federal welfare fraud charges.

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What Constitutes Credit Card Fraud?
What is Bankruptcy Fraud?
Choose David E. Lewis, Attorney at Law, to Fight Fraud Charges in Indiana

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How to Determine if You Need to Hire a Criminal Attorney or Not

Were you just arrested for an offense in Indiana, but you are not sure whether to hire or lawyer or not for your case? Are you thinking about opting for a public defender instead of hiring a private criminal attorney? If you aren’t sure if your criminal charges warrant the investment of a private lawyer, you are lucky to be in the right place at the right time. Regardless of how major or minor your recent criminal charges are, it is always recommended to hire a criminal defense lawyer to represent your case.

Continue below to learn why, and how to get started on building a strong and impactful defense against your Indiana criminal charges soon.

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

Private Criminal Defense is Always the Best Option

The types of crimes a person can be charged with is seemingly endless, ranging from minor infractions like traffic tickets and citations, to major crimes like capital offenses. The penalties for these crimes vary in nature as well, and depend on a long list of factors. And the consequences for committing a crime can range from a minor fine to the death sentence.

But regardless of the scope and severity of a defendant’s charges, it is important to take them very seriously. Not only can a guilty plea hand down various penalties, but it can also spoil a person’s reputation and have life-long adverse effects on the quality of their life. For this reason and more, it is vital to hire an experienced criminal attorney if you are currently facing criminal charges. They have the knowledge and resources to build a strong and impactful defense to protect your rights and preserve your freedoms. They can help you pursue the best possible outcome to your case.

What a Criminal Attorney Will Do for You

Even for minor offenses, like traffic tickets, a criminal attorney can help you avoid the maximum fines and penalties associated with your infraction. They might even be able to fight the allegations and dismiss your case, such as a speeding ticket, or even prevent your drivers’ license from being suspended. They know how to find the facts and properly investigate allegations in order to fight your criminal charges. Reducing minor infractions is always wise because it can also protect you against increase insurance rates and more.

If your criminal charges are more serious, it is even more critical to your freedom and your future to retain professional legal counsel. Private legal counselors, unlike public defenders, have the time and the resources to dive into your case and put in the effort and focus it needs to have a successful outcome.

With private criminal defense, you are in better hands than none at all. It can mean the difference between extended jail time and no jail time. It can also increase the chances of reducing Level 6 Felonies to Class A or B misdemeanors. It all depends on who you choose to represent your case. Experience and testimonials are the greatest indications of quality and trust.

Were you convicted of misdemeanor or felony weapons crime? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your Indianapolis IN criminal charges. Consults are free!

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4 Reasons to Fire Your Lawyer and Hire a New One
Should I Waive My Right to a Lawyer if I Know I’ll Be Found Guilty?
What Can a Criminal Lawyer Do That a Public Defender Can’t?

Indianapolis Criminal Defense 317-636-7514
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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
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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.

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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
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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

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