Criminal Questions
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Can I handle the case without a lawyer? |
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| No.
Any prosecutor would love to have you represent yourself. This is because
you are not in a position to know if the charges are valid. Frequently,
individuals are over charged. Many times criminal offenses are subject to
dismissal due to evidentiary deficiencies. Further, you may have factual, or
legal defenses that you are totally unaware of. Frequently, evidence is
seized illegally and may be the subject of a motion to suppress. Our firm
has been able to obtain dismissal of criminal charges for hundreds of
reasons. If you represent yourself, you give up these potential defenses,
and convict yourself automatically. Criminal law recognizes waiver. If you
don't raise a defense, you forfeit the right to raise it at a later date. |
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| A
favorite technique of prosecutors is to offer a "Deferred Prosecution" or
"Conditional Agreement" which results in an apparent quick fix. These
agreements may sound good until you read the small print. In order to get
these agreements, you essentially plead guilty now hoping that no future
problems occur. You also give up your right to a Jury Trial, and throw
yourself on the Court's mercy if the agreement falls through. In some
circumstances, this agreement may be an excellent resolution, but we have
seen hundreds of these agreements fall through with disastrous consequences.
Think before you act, and talk with competent Counsel BEFORE you take the
quick fix. Criminal convictions follow you throughout your life and create
unanticipated consequences. |
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Operating While Intoxicated
A conviction for Operating
A Motor Vehicle While Intoxicated (O.W.I.) can be a serious matter. This is
actually a very complicated area of criminal law. The following general legal
information should help you make important decisions. Please feel free to call
for additional information, or a free personal interview.
Will my license be
suspended?
Indiana law requires an
automatic suspension of your driver's license. Your license will be suspended
for at least thirty (30) days, or longer, from the date the Bureau of Motor
Vehicles receives notice that your case has been filed.
Can I obtain a work
license?
Maybe. Indiana law allows
for a restricted license to be issued by the court if you qualify. However, you
must file a special motion to obtain your work license. This takes approximately
30 days, so do not delay calling an attorney.
Are breath test
machines accurate?
No. The breath test
machine is only a machine and is not 100% accurate. A competent, experienced
lawyer, can explain the problems associated with this machine. Be sure to ask
your lawyer about this machine or else you could be wrongfully convicted.
What can a lawyer do
for me?
See the first question
above. Also, a knowledgeable lawyer, experienced in handling O.W.I. cases, can
review the police reports, your driving record, the breath test results, and
advise you whether the proper procedures were followed regarding your arrest.
Indiana law requires compliance with these procedures or the test results may
not be used in Court. Also, remember that subsequent convictions for this
offense elevates the penalty. A second O.W.I. will be charged as a felony. A
third will add a habitual substance sentencing enhancement resulting in a
potential eleven year prison term. Do you really want to represent yourself?
Who should I call
for help?
Although there are many
lawyers who accept these cases, you should find an attorney experienced in
representing O.W.I. clients. Please see our qualifications:
Being accused of an O.W.I.
offense is a serious matter. It affects your driver's license, your employment
and may involve jail time. For a free consultation: Contact
Us.
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