Where Can I Get a Copy of My Criminal Record?

Posted on May 8, 2017 by admin

Criminal Defense Law Firm 317-636-7514

There are a few different reasons why a person may need a physical copy of their personal criminal record. Many volunteer agencies require volunteers to procure and present their criminal history, while parents wishing to adopt a child may also be required to submit their criminal records in paper form. Other times, people simply want their criminal records for the purpose of remembering dates, or preparing answers about their criminal history for an upcoming job interview.

Regardless of why you might need or want a copy of your criminal record, obtaining one is not as clear-cut as you might assume. There is no collective, national database that stores your complete criminal history. So if you want a full report, you will need to know where to look. Continue reading to learn how to obtain a copy of your criminal record.

Local, State, and Federal Records

As mentioned, there is no cumulative database for your criminal records. Depending on the counties and states you have offenses in, you may need to look in multiple places to get a full copy of your criminal records. If you have only one infraction on your record, obtaining a full report is simple so long as you know which level of government your record falls under. Local records, state records, and federal records are all different.

Federal Offenses

Felonies are generally reported to the Federal Bureau of Investigation (FBI). If your conviction was a federal offense, you will need to visit the official FBI website and request a criminal history summary by filling out an application information form. This service is not free, and may cost up to $18 or more depending on current rates. You will need to send in a money order or certified check through the mail, or pay via electronic payment.

State and Local Offenses

For all other criminal offenses, you will need to contact the state or local authorities where your crime took place. The avenue in which to do this varies from place to place, so start by calling the Department of Justice or state law enforcement department. From there, they can get you in touch with the proper resources for obtaining a copy of your criminal records. The process of obtaining your state and local criminal records vary as well. However, you can expect to be asked to present payment, identification, documentation, and more. It generally takes between 2 and 4 weeks to get results in the mail.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall prey to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms. Call 317-636-7514 today.

Which U.S. Amendments Protect Criminals’ Rights?

Posted on May 2, 2017 by admin

Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights’ of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. Whether a person is being tried at a federal or state level, the courts will be asked if prosecuting the defendant violates any of these constitutional laws. Continue reading to learn which 5 amendments in the United States Constitution have to do with criminal matters, and how they continue to protect criminals’ rights.

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⚖ The 4th Amendment

The 4th Amendment prevents the government and law enforcement from implementing unlawful searches and seizures. It mandates that these parties properly request and receive a warrant in order to legally search a suspected criminal’s premises and property, as well as, to seize any personal properties that may serve as evidence. It also states that warrants can only be issued upon probable cause. The only exception to the 4th Amendment rules is under exigent circumstances, which means emergency action must be taken. This applies to kidnapping situations, terrorist threats, and similar emergency circumstances in which law enforcement cannot afford to wait for paperwork to process because lives are in danger. Also, if a person gives law enforcement consent to a search or seizure, a warrant is not needed for them to do so legally.

⚖ The 5th Amendment

This amendment involves 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.

⚖ The 6th Amendment

The 6th Amendment provides important rights for criminals. These are familiar to many people since the Miranda Rights are a well-known part of arrests. They include 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.

⚖ The 8th Amendment

The 8th Amendment covers justice following an arrest. It protects criminals from excessive bail amounts, excessive fines, and cruel and disproportionate punishments.

⚖ The 14th Amendment

The 14th Amendment is special because it prevents states from enacting or enforcing laws that violate the freedoms, liberties, and protections of all U.S. citizens. And just like the 5th Amendment, it protects citizens from dispossession of life, liberty, or property without due process of the law.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to fight for your rights after being charged with a crime in Indianapolis, Indiana. He is a seasoned Indianapolis criminal defense attorney who provides aggressive representation for all clients, regardless of the crime. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, at 317-636-7514, and scheduling a free initial consultation, today.

What To Expect While On Probation

Posted on April 25, 2017 by admin

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Several offenders are put on probation each year, usually as an alternative to jail time. If you are one of these individuals, you should be relieved. Probation is a more lenient consequence to criminal charges compared to doing time in jail. After all, no one in their right mind wants to spend time behind bars, so it comes as no surprise that most offenders accept and appreciate probation in lieu of incarceration.

Although probation can be easy with cooperation, it can still be a scary time for anyone, especially first-time offenders. For this reason, it is helpful, and often comforting, to know what probation will mean for you. Continue reading to learn what you can expect while on probation in Indiana.

Terms of Probation

The first element you should know about probation is the importance of obeying all the rules. There is a long list of rules and restrictions while on probation, all of which must be adhered to 100% or severe legal and financial consequences will follow. Depending on the county of your conviction and probation, the rules will vary. However, all jurisdictions enforce the general requirements of probation.

General Conditions of Probation Include:

☛ Offenders must obey all laws and refrain from all further criminal activity.

☛ Offenders must satisfy all court-ordered penalties, such as community service, fines, fees, alcohol and drug education courses, counseling, substance abuse rehabilitation, and more.

☛ Offenders must be present and on-time for all probation meetings with their assigned probation officer.

☛ Offenders must refrain from all alcohol and drug use.

☛ Offenders must refrain from being in the company of other convicted felons and criminals.

☛ Offenders must take and pass all drug screenings on the date they are scheduled.

☛ Offenders must remain in the state.

☛ Offenders must maintain full-time employment.

☛ Offenders must immediately inform probation officer of address and job changes.

Probation Violations

If you break any of the rules of your probationary terms, your probation officer will find you to be in violation of your probation. Whether you are 5 minutes late for a probation meeting, or caught in a routine traffic stop with a convicted felon in your company, you will face penalties for the violation regardless of how minor the infraction. It is important to have an experienced Indianapolis criminal defense lawyer on your side to help you navigate all your probation violation legal problems. They are your best chance at avoiding the maximum penalties for probation violations, such as hefty fines, extended probation, and even jail time.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against probation violations in Indianapolis, Indiana. Our law firm has the experience, resources, and determination to build you an impactful defense to protect your rights and preserve your freedoms. We offer free initial consultations to discuss your criminal charges and strategies for defense.

What to Do if Immigration Police Show Up at Your Door

Posted on March 7, 2017 by admin

With the new threats of deportation looming in every neighborhood across the country, it is important for non-citizens to learn their rights. Especially in the case of immigration police showing up unexpectedly at their door. If you are a non-citizen or foreign national who has been living and working in the United States for a long period of time, you do have rights. And you should know these rights before placing yourself in a sticky legal situation. If immigration police, or ICE, shows up at your door, learn what you should to in order to protect yourself and your freedoms.

The United States Immigration and Customs Enforcement Office (ICE)

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The United States Immigration and Customs Enforcement Office, also known as ICE, are responsible for upholding homeland security and public safety by enforcing certain federal laws concerning border control, trade, customs, and immigration. If you are a non-citizen, and ICE shows up at your front door, here’s what to do to protect your rights:

DO NOT OPEN THE DOOR. You do have rights, and one of them may be your right to refuse entry to ICE officers. But it depends.

ASK IF THEY HAVE A WARRANT SIGNED BY A JUDGE. Be sure to do this with the door still closed. If the ICE officers insist they have a warrant signed by a judge, ASK TO SEE IT. They can slip it under the door, through a mail slot, or press it against the peep hole.

Here’s what you need to know about an ICE Administrative Warrant:
Forms 1-200 and 1-205 DO NOT allow ICE officers to enter your home without your permission. If you do not consent, they cannot come inside.

With Or Without A Warrant:

DO NOT RESIST. If the ICE officers have a valid warrant signed by a judge, you need to comply with their demands. Simply remain silent and cooperate. Contact a lawyer from jail as soon as you are given phone privileges.

If the ICE officers use force to enter, with or without a warrant, DO NOT RESIST. Remain calm and instruct everyone inside the home to remain absolutely silent. The more combative you are, the more trouble you will experience.

If You Are Arrested:

Remain calm and do not say one word. Do not sign anything or say anything until you have spoken to your lawyer. Call them as soon as you are given phone privileges at jail. Choose an experienced criminal defense attorney to help preserve your rights, your freedoms, and perhaps your citizenship.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations and work around the clock to ensure your rights are protected. Call 317-636-7514 to schedule a consultation with an Indianapolis criminal defense lawyer you can trust.

What is Going to Happen at My Pre-Trial?

Posted on February 21, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

If you were arrested and charged with a crime in Indiana, you have the option of taking your case to trial, rather than enter into a plea deal. Nearly all cases never go to trial, but if you are adamant about your innocence, you can opt for a trial by jury, or a bench trial. Bench trials, however, are only granted if all three parties (the judge, the prosecutor, and the defense) agree to a bench trial. In a bench trial, the judge is the sole decision making and decides on the final verdict. At a jury trial, the jury decides the verdict and the judge decides the sentence. But the sentence is not handed down at the pre-trial.

If you are preparing to go to trial to fight the criminal charges against you, it is important to know what to expect. Discuss your trial expectations and concerns with your criminal defense lawyer for a better understanding of the criminal process. In the meantime, continue reading for a brief explanation of what happens at a criminal trial in Indiana.

Trial By Jury

The judge decides which facts and evidences are allowed to be presented at trial. Both your attorney and the prosecuting attorney will take turns making certain objections until the judge makes a final decision. Then a jury is selected and instructed by the judge. From there, your pre-trial will commence with the prosecution’s opening statements.

After the prosecution’s opening statements, the prosecuting attorney will present all evidence against you. It is the burden of the prosecution to prove that you are guilty beyond a reasonable doubt. When the prosecuting attorney is finished presenting their evidence, they will begin to call witnesses to the stand for testimony. During this time, the defense will be given an opportunity to cross-examine them one at a time, questioning the honesty, validity, and accuracy of each witness’ testimony.

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When the state rests, the defense will take their turn to give their opening statements and present their case. Once the defense has given their case summary and presented their evidence, they will begin to call their witnesses to the stand, during which the prosecution will also have a chance to cross-examine each one.

When cross-examinations are through, both parties rebuttal the evidence presented. When this portion of trial comes to a rest, closing arguments are made. The state will go first and last, with the defense closing arguments in between.

After closing arguments, the judge will instruct the jury once more, and then ask them to begin deliberations. Jury deliberations can last anywhere from a few minutes to a few hours or more. Some juries have deliberated for weeks and months at a time; it just depends on how long it takes for them to come to a unanimous agreement. But in most cases, it takes less than a few hours.

When the jury does come to an agreement, they will reenter the courtroom and the judge will ask them to read their verdict. Then they will deliver a “guilty” or “not guilty” verdict. If you are found guilty, the judge will schedule a sentencing trial, usually within 20 to 30 days. During this trial, you will be handed down a sentence for your conviction. If you are found not guilty, you are simply free to go home and will not have to appear at any more trials or hearings.

Keep in mind that all cases vary depending on their individual circumstances, and the process could differ among defendants. It is important to learn what to expect at your trial from your Indianapolis defense lawyer. They can apply your unique case details and circumstances to the trial process, and explain what will happen in a language you can understand.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Our team works around the clock to ensure your rights are protected and your freedoms are preserved. Call 317-636-7514 to schedule a meeting with an experienced criminal defense lawyer in Indianapolis, Indiana.

Why You Never Waive Your Right to an Attorney

Posted on February 14, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

When you are arrested as a suspect in a crime, before you are even officially charged your first priority should be to contact a licensed and experienced criminal defense attorney. Being charged with a crime is a very serious matter, regardless of the severity of charges or penalties. Whether you are caught shoplifting a stick of gum or driving while intoxicated, a criminal record is a serious matter that requires adept legal representation.

A lawyer has the skills, resources, and professional connections to work the best possible defense against your charges in order to protect your rights and preserving your freedoms. If you want to avoid the maximum penalties for your criminal charges, you need an attorney.

Public Defense

Although you have the option of choosing a public defender, who are also real lawyers, there are numerous downfalls for going that route. There are monumental differences between a public defender and a criminal defense attorney, and several advantages in using private counsel rather than public defense. But having legal representation either way is important, so be sure to never waive your right to an attorney if you are charged with a crime.

You Can’t Represent Yourself

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Thinking you can represent yourself in your criminal case is a major misconception. Anyone who does not professionally practice criminal defense is incapable of representing a criminal case successfully. There are various complexities involved, all of which vary themselves depending on the individual circumstances of the case. So taking the risk of waiving your right to counsel and losing your case can render severe short term consequences, but also ones that follow you throughout your entire life.

Criminal Charges Come With a Criminal Record

Criminal charges don’t just come with a list of penalties, like possible jail time, hefty fines, court fees, filing costs, probation, community service, suspended drivers’ license, and random drug screening. Criminal charges come with a permanent record. And a criminal record, regardless of its severity, can hold a person back from several opportunities in life, including viable employment, promotions, professional licenses, home ownership, proprietorship, governmental clearances, and much more. It can even implicate a couple’s ability to adopt a child. So it is important to handle a criminal charge it the most aggressive and sure-fire way, and that is to always take advantage of your right to hire an attorney. Never waive your right to counsel.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. He is a licensed and aggressive criminal defense lawyer that will stop at nothing to protect your rights and preserve your freedoms, regardless of the crimes you are charged with. Our Indianapolis criminal defense law firm offers free initial consultations to discuss your case and the possible strategies for defense. Call 317-636-7514 to get started on yours, today.

Common Internet Crimes and Penalties

Posted on February 9, 2017 by admin

Indiana Cyber Crime Attorney 317-636-7514

Internet crime, also known as cybercrime or computer crime, is an increasing threat across America. Cybercrimes are criminal offenses conducted using modern telecommunication networks, namely the internet and mobile phones. They are classified as offenses committed directly or indirectly against a person or group of people with a criminal motive to purposefully cause the victim harm or loss. This includes physical harm, mental harm, and harm to one’s reputation, as well as, losses such as money, assets, companionship, employment, security, and more. They are serious crimes that come with serious penalties.

Continue reading to learn some common types of internet crimes and the penalties offenders can face for committing them.

Cybercrime

There are various types of cybercrimes, and even more ways to commit them. And we’re not talking about illegally downloading movies and music; although these are common internet infractions as well, they tend to render little to no consequences except personal ethical remorse. We are discussing the more serious types of internet crimes; the ones that come with serious penalties here in Indiana. The most common types of cybercrimes that occur in the Hoosier state include but are not limited to:

Fraud ➟ Fraud on the internet can come in many forms. A common example is obtaining money or property under false pretenses or promises. For instance, selling false or non-existent merchandise online, and failing to deliver.

Identity Theft ➟ Identity theft is one of the most frustrating and devastating crimes for victims. A common example of identity theft is when a person uses another person’s personal information to open and utilize bank accounts and credit lines. Other identity thieves steal individual’s bank account numbers, credit and debit card numbers, social security numbers, and more. They either sell this information or they use it themselves for financial gain. It can ruin a person’s reputation and credit score for life.

Hacking ➟ Accessing a person’s personal information for the purpose of malicious destruction or commercial advantage via the internet is a form of hacking, but the versions you see in the movies and on television are quite accurate as well. There are many forms of hacking (business accounts, social media profiles, email, corporate files, government databases, websites, etc.), but fundamentally, hackers illegally access information online using illegal methods.

Stalking ➟ Internet stalking is a crime. It can come in the form of harassment, pestering, bullying, threats, slander, libel, and more. It is most common among youths.

Extortion/Blackmail ➟ There are also many forms of extortion, but in terms of cybercrime, it can occur when a person blackmails another person via a modern telecommunications network. For instance, a person could threaten to release embarrassing photos or information about another person unless they give them money, assets, promotions, or something else of value.

Sports Betting ➟ Online sports betting and wagering is a federal crime. There are laws surrounding non-sports online betting and internet gambling that vary state to state, but wagering on sports on the internet is illegal.

The Indiana Cyber Crime Unit

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In May of 1998, Indiana formed the Cyber Crime Unit to provide law enforcement assistance in internet criminal investigations. Within this specialized unit are 6 sergeants who conduct forensic retrieval of digital evidence, and over 28 trained digital media specialists. They are trained to be on the constant look-out for internet criminal activity. This makes it extremely difficult (if not virtually impossible) for anyone to get away with cybercrime in Indiana. If you are caught committing a cybercrime, you can expect to face some stern charges and penalties.

Penalties for Cybercrime

The penalties for cybercrime vary, and they depend on several factors, including the severity of the crime, the offender’s criminal history, local ordinances, age of offender, and more. In Indiana, cybercrime can earn an offender anywhere from 6 months to 20 years in prison, and up to $10,000 in fines. This does not include court fees, attorney fees, filing fees, and more. It is important to retain the services of an experienced Indianapolis criminal defense attorney to protect your rights as a suspected offender and to protect your freedoms.

Indianapolis Criminal Defense

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

Call Attorney David E. Lewis at 317-636-7514 if you are facing charges for cybercrime in Indiana. Our law firm works around the clock to ensure your rights are protected. Attorney David E. Lewis has extensive trial and litigation experience and is the aggressive criminal defense lawyer you need in your corner when facing serious criminal charges in Indiana. Call 317-636-7514 to set up a free initial consultation to discuss your criminal case and determine the best strategy for your defense.

How to Seal Your Arrest Record After a Diversion Agreement

Posted on January 16, 2017 by admin

Seal Arrest Records 317-636-7514

Minor arrests that do not result in criminal charges are rare but not uncommon in Indiana. Infractions like public intoxication, for example, are generally dealt with by arresting the offender and placing them in a holding cell, colloquially known as the “drunk tank”, and then released without being charged with a crime once they are sober. This is intended to keep citizens safe from themselves and others when overly-intoxicated and behaving alarmingly in public.

In other cases, offenders are not so lucky. But many are given the chance to enter a diversion agreement in place of stricter penalties and jail time if their offense did not involve aggressive conduct.

Diversion Agreements

A diversion agreement is a contract that is generally negotiated between the prosecutor and the criminal defender. The agreement allows the charges to be dismissed after one year if the defendant meets certain criteria. Criteria mostly includes refraining from criminal activity and arrests, as well as, not violating probation or any mandatory court orders. This is a great program for first-time offenders who are caught committing a minor crime or infraction. It gives them a second chance. But even though charges are dropped at the conclusion of the year, the arrest will still linger on their permanent record.

Arrest Records

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When a person is arrested, but not charged, or they enter a diversion agreement, their criminal record won’t show a conviction, but it will document the arrest and the details surrounding it. For some, especially those in political or professional positions, having even an arrest on their record is life-changing and can affect certain areas of their life, both vocationally and personally.

For this reason, many people choose to have their arrest records sealed. And the new Indiana Second Chance Law allows qualifying Hoosiers to do just that. Continue below to learn how you can determine your eligibility for record sealing, and where to get started.

Sealing an Arrest

Indiana arrest records can be sealed after one year from the date of the arrest. But keep in mind that there are more qualifications aside from the amount of time that has passed. If you are interested in sealing your arrest records, you can petition to do so at your local county clerks’ office. However, it is not recommended to file without professional assistance. The process of sealing arrest records is highly-complex and tedious. Just one clerical error or missed deadline can revoke your right to petition forever. You must retain the services of an experienced Indianapolis criminal attorney for helping with the filing and petition process. This will guarantee success in terms of proper filing.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.

Can a Cop Be Fired for Excessive Use of a Taser?

Posted on January 9, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

Police officers are an incredible and significant line of defense for our cities and surrounding communities. But sometimes, just as any person in any vocation, cops can make poor choices that result in serious penalties. For instance, using their registered weapons inappropriately. While on-duty, cops are faced with the difficult decision to use their weapons for defense and public safety, including flashlights, nightsticks, Tasers, and of course, firearms.

And how the officer chooses to use their weapons greatly depends on the actions of the suspect or suspects. However, there have been cases where an officer is accused of using their weapons in excess, resulting in unreasonable injury to a person. In these kinds of cases, the question of reasonability commonly arises, as well as, the whether or not the officer should receive a penalty for their actions. One such question arose in the small town of Peru, Indiana, involving a cop, a taser, and an elderly nursing home patient. Continue reading to learn what happened.

PERU CITY POLICE DEPARTMENT and City of Peru v. Gregory MARTIN

No. 52A02–1304–PL–350. Decided: September 03, 2013

In 2012, a Peru City police officer by the name of Gregory Martin was dispatched to Miller’s Merry Manor after a call to 911 was made by a nurse named Adam Chambers. Chambers made the call to request assistance transporting a combative patient to the hospital. The patient was James Howard, a 64 year old Alzheimer’s patient. Upon arrival, Officer Martin was joined by Officer Jeremy Brindle, and they were then escorted to the locked Alzheimer’s ward section of the facility.

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After asking staff to stay back and not intervene, the officers entered Mr. Howard’s room and found him sitting in a chair unclothed, and staring straight ahead. As the officers moved in closer, they ordered Mr. Howard to get on the gurney, but he did not obey the order. Instead, Mr. Howard began “shuffling” toward Officer Brindle with his fists clenched at his sides. Officer Brindle was cornered in a T-section hallway as he tried to grab Mr. Howard’s wrists and handcuff him. Unable to do so, Officer Martin then yelled, “Taser!” and deployed his onto Mr. Howard’s torso. Mr. Howard fell on the floor and laid on his back. He would still not comply with the officer’s commands, and turned over on his belly so he could not be handcuffed. As a result, Officer Martin ended up using the Taser on Mr. Howard 5 times, equaling a deployment of 31 seconds total.

After being admitted to the hospital, Mr. Howard’s injuries were documented, including a black eye, bruising, skin abrasions, and marks on his side. His wife was not pleased with the treatment he received by the officers on call. And for this, she filed a complaint with the Peru City Police Department for excessive use of a taser. An internal investigation followed, putting Officer Martin on administrative leave. The Peru City Police Chief, Chief Hoover, recommended Officer Martin’s termination after deciding he used excessive force with the Alzheimer’s patient. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover, so Officer Martin was discharged and sought review in the trial court.

After reviewing Officer Martin’s Taser training that specifically teaches that Taser exposure for over 15 seconds, whether due to multiple applications or a continuous one, increases the risk of death or serious injury. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.” He was fired.

Learn the Facts First

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When it comes to brushes with law enforcement, every situation is unique and requires a detailed look at the individual merits involved. For this reason, it is best to discuss your questions, concerns, and criminal charges with an experienced criminal defense attorney who can provide specific information regarding your individual circumstances. Contact David E. Lewis, Attorney at Law, at 317-636-7514 for experienced Indianapolis criminal defense you can trust.

Do I Have to Answer My Door if it’s the Police?

Posted on January 2, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

One of the most common questions received by criminal defense attorneys is, “Am I legally obligated to answer my door if it’s the police?” And it is actually a very good question. Answering the door doesn’t usually cause any sort of alarm for someone, but when it’s the cops knocking, many residents get paranoid. They are concerned that police have the legal right to barge into their home and begin searching for incriminating evidence against them if they open their door. They wonder whether or not opening their door to police allows officers to come inside without permission.

Unfortunately, the answer to these queries are not so cut and dry, but it is easy to understand. Continue reading to learn your rights to such privacy in Indiana, and what to do if you are confronted by law enforcement at your place of residence.

The Fourth Amendment

Every United States citizen has the right to a certain degree of privacy, as alluded to in our country’s constitution under the 4th Amendment, which reads “The right of the people to be secure in their persons, houses, papers, and effects, [a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” SOURCE

The Right to Decline

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Citizens, in most cases, have the right to legally decline to open the door for law enforcement, as well as, terminate their opportunity for entry (i.e. shut the door after answering it to prevent further communication). However, there are always exceptions to every rule. If law enforcement retains the proper documents, such as search or arrest warrants, they can enter a person’s home, even without permission.

The circumstances vary from case to case, which is why it is imperative to discuss your legal concerns with an experienced Indianapolis criminal defense lawyer. They have the knowledge, skills, and local resources to provide accurate answers and professional counsel you can trust.

How to React to Law Enforcement at Your Door

The best way to deal with law enforcement at your door is to simply answer it. If you are not aware of any crimes or charges against you, there should be nothing to worry about. Most often, if you are not suspected of a crime, police are simply in need of some neighborhood information, such as a missing person’s case, abandoned vehicles, and vacated apartment units. Otherwise, the police may believe you could be a witness to another person’s crime, and they need your help. If they do not have a warrant for your arrest, or to search your premises, you can shut the door and terminate your conversation at any time without legal recourse. As soon as the interaction is over, contact your defense attorney for further instructions. The police could be on their way back to the station to secure a warrant in some cases.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense you can trust. Our law firm offers free initial consultations to freely discuss the charges against you and the best strategies for defense. We will work around the clock to protect your rights and to preserve your freedoms. Call 317-636-7514 to get started today.