Lafayette DUI Lawyers
- Katz, Marcel:
Criminal Law - Felony & Misdemeanor
Operating While Intoxicated
Driving While Suspended
Juvenile
Sentence Modifications
Petitions to Revoke Probation
Post Conviction Relief
Appeals
- Freemen, Kirk:
Q: When do I go to court?
A: Without question, this is the most asked question I receive.
If it is a criminal case, you will not receive a court date until the Prosecuting Attorney files your case with the court. For a misdemeanor, you will likely be sent a summons (i.e. Order to Appear). For felonies, class C and higher, a warrant for your arrest will be issued.
When I receive a new court date, I will advise you. Court dates are set by courts, in all cases. If you need a continuance, please contact me so that a motion may be filed.
Q: How long will a criminal case take?
A: It is impossible to predict when a particular case will be completed, as each case is different. In criminal law, there is always the possibility of appeal of a court's decision or a conviction. If your case is set for trial, please understand that because there will be multiple cases set for trial on each date, that your case will not always be number one. It is not unusual for dates to be continued several times. Please understand that I do not control this. The court sets dates and your case will be tried according to the court's priority list.
Q: What if I can't come to a court date?
A: Then please contact me and I will motion the court for a continuance. Legitimate reasons for a continuance include unavailability because of medical concerns, transportation issues or other unpredicted circumstances.
Q: What should I do after I've been arrested and what are my options?
A: I get this question a lot by people who are upset and confused. My recommendation is to turn nervous energy into productive energy.
1. Shut up. Don't speak with anyone but your attorney about your case. Too often people undermine their best interests by talking unnecessarily.
2. Write down what you remember. Create a time line of what happened and when.
3. Write down all potential witnesses and take photographs, as appropriate.
4. Speak with an attorney.
Q: What am I looking at?
A: The Indiana Sentencing Regime look like this:
Murder - 45-65, death and Life Without Parole available
Class A Felony (Attempted Murder, Dealing in Cocaine, etc.) Ð 20-50 years, 0-10,000 fine
Class B Felony (Burglary, Aggravated Battery, etc.) Ð 6-20 years, 0-10,000 fine
Class C Felony (Forgery, HTV Life, etc.) Ð 2-8 years, 0-10,000 fine
Class D Felony (OWI with Prior, Possession of Cocaine, Possession of Marijuana over Thirty Grams, etc.) Ð 6 month-3 years, 0-10,000 fine
Class A Misdemeanors (OWI, Criminal Trespass, etc.) Ð 0-365 days, 0-5,000 fine
Class B Misdemeanors (Public Intoxication, Speed Contest, etc.) - 0-180 days, 0-1,000 fine
Class C Misdemeanors (Minor in Consumption, Minor in Tavern, etc.) Ð 0-60 days, 0-500 fine
Infractions Ð fines, no jail time
Each Case is different and any potential sentence draws on variables such as prior convictions, victim recommendations, whether a defendant is on parole or probation, etcetera.
- Gibson, Bret:
1. Expungement: The Myth. Many college students mistakenly believe they can have misdemeanor convictions, or Diversion Agreements, expunged from their criminal record after a period of good behavior. This is not true. If you plead guilty, or enter a Diversion Agreement, your arrest records cannot be expunged.
2. Expungement: Indiana Law. Arrest records can only be expunged if a) no criminal charges are filed following an arrest or b) criminal charges are dropped because of mistaken identity, no offense was in fact committed, or there was an absence of probable cause.
3. Why Representing Yourself can be a Mistake. College students frequently represent themselves in misdemeanor criminal cases and unknowingly waive valid legal defenses. They also frequently fail to appreciate the consequences of guilty pleas and do not understand that Diversion Agreements cannot be expunged. Many alcohol-related offenses can also result in the suspension of driving privileges by the Bureau of Motor Vehicles.
- McCoy, Earl:
A DWI is a very serious matter. You should not try to handle such a DWI case without an attorney.
You should also know that a DWI conviction stays on your criminal record forever. A DWI conviction also stays on your Indiana Driver`s Record for 10 years and counts toward Habitual Traffic Violator status. This means if you acquire two more major traffic violations within ten years of this conviction you will lose your license for up to 10 years as a Habitual Traffic Violator.
DWI convictions as class A misdemeanors or higher also count toward Habitual Substance Offender status. If a person has two prior substance related offenses on their record, their possible sentence will be enhanced by up to 8 additional years in prison and the sentence may be non-suspendable.
- Gregg Theobald:
...defends individuals charged with criminal offenses. From OWI / DUI
charges and drug crimes to white collar crimes like securities fraud
- Patrick Harrington:
Is the breath machine 100% accurate?
No. The machine is only a piece of equipment, and like all equipment,
is not 100% accurate. An experienced OWI lawyer can explain how this
machine works and advise you if the proper procedures were followed.
Indiana law requires the police to strictly follow the procedures or
else the test results may not be used in court.
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