Tag Archives: Immunity lawyer Indianapolis

Can I Get Immunity For Being a Witness?

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You’ve probably seen your favorite vigilante in your favorite movie get immunity for their crimes in trade for saving the city. Or perhaps a key protagonist that swaps valuable testimony for a pass on their particular offense. But do these things actually happen in real life, to real people? Continue reading to learn what immunity means for a witness also charged with a crime in a criminal case.

Indiana Immunity Attorney 317-636-7514
Indiana Immunity Attorney 317-636-7514

Prosecution Wants to Make a Case

There are times when a prosecutor will offer a suspected criminal immunity for their crimes if they help law enforcement build a case against another suspect, or group of suspects, by 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.

Factors That Influence Immunity

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.

However, this does not mean that only high-profile cases are eligible for such criminal leniency. There is a chance that a lower-spectrum criminal cases might involve immunity. It depends on several factors, such as the current on-going criminal investigations in town, the level of danger the upper crime poses to the community, and more.

Limitations to Immunity

Immunity is a great opportunity for a minor criminal, as it allows avoiding jail, hefty fines, and a permanent record. However, 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. See our blog, “Can I Go to Jail for Criminal Contempt?” to learn what you need to know about criminal contempt in Indiana.

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.

In such cases, if an immunized witness wishes to claim immunity as a defense to being indicted, they have the burden of providing sufficient evidence that 1) prosecution awarded immunity, and 2) the testimony that earned them immunity is relevant to the charges they are being indicted on. After that, the burden of proof shits to the government.

Need Help With Immunity in Indiana?

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. Whether you have already been granted immunity, or wish to make a deal with prosecution, he can help. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
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What You Need to Know About Immunity in a Criminal Case

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As a defendant in a criminal case, you should be fully aware of your 5th amendment right, which protects you from self-incrimination. Neither courts nor law enforcement can force you to give up incriminating information about yourself, as well as, information that can lead to the discovery of incriminating evidence. This is your constitutional right as a U.S. citizen. Often times, this right is coupled with a common judicial practice known as immunity. Basically, if you are willing to cooperate and give up vital information that can help a legal case, you may be granted immunity from the maximum penalties for your part in the crime.

Continue reading to learn what you need to know about immunity, including the various types, relinquishment, and who to turn for trustworthy legal advice about testifying in court.

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

What is Immunity?

Legaldictionary.com defines Immunity in a criminal case as, “an exemption from criminal prosecution, or punishment on certain conditions.” So, if a person is suspected of a crime, the prosecutor might grant them immunity in exchange for information about related criminal activity, or to testify against someone in court. Overall, immunity in a criminal case is used to help prosecution obtain information about criminal activity.

Two Kinds of Immunity

There are two primary types of immunity grants used in judicial law: transactional immunity and use/derivative use immunity. Transactional immunity protects defendants from being charged in the future for the crimes they are currently suspected of or testifying about. What makes this approach interesting is that it is not recognized by federal law, yet many state laws permit transactional immunity.

Use and derivative use immunity is very similar to the foundation of transactional immunity, but with a much higher level of restrictions. If a person is granted this type of immunity, prosecution cannot use any of their statements, or any evidence exposed by their statements, against them. For this reason, it is typically offered more often by prosecutors than transactional immunity.

Waiving Immunity

Another interesting fact about immunity in a criminal case is that a defendant can relinquish their rights to immunity at any time. If they do so, prosecution can legally bring about criminal charges against them for any statements they made, or any evidence that was founded as a result of their statements.

Who to Talk to For Trusted Criminal Defense Advice

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