Based on the information provided to the police and then to the prosecutor determines what charges are filed. This does not mean the State can prove the charges, it will be based on what evidence there is in the case. An F4 carries a penalty range of 2-12 years in the DOC. If you have not... View More

Depending on where the case is filed you may be able to file a motion to set aside the judgement and enter into a new agreement. You need to ask yourself are the fees paid to an attorney worth the points coming off your record? or Is my insurance rates going up so if I can get the judgement set... View More

It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

No, Judges do not file motions in their own court, they issue orders. Attorneys, self represented persons, probation officers file motion/petitions.

It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

The short answer is yes. The prosecutor offers the plea and if the defendant accepts the plea, then the judge decides if the plea is appropriate given the circumstances of the case and the defendant. The judge can either accept or reject the plea.

In Indiana, if you have a second OWI arrest, which could be charged as a misdemeanor or felony depending on how long ago the first offense occurred, there is a requirement for 5 actual days in jail or 240 hours of community service as a minimum of any sentence for being convicted.

Yes, go change your license to Indiana sooner than later. The court should not suspend your license until the initial hearing, therefore the BMV should not know of the offense. If you do not change your license, and are convicted Illinois will suspend/revoke your license and it will be... View More

Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:

(1) murder ( IC 35-42-1-1 );

(2) voluntary manslaughter ( IC 35-42-1-3 );

(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );

(4) battery ( IC... View More

Your options are to pay the ticket and have a conviction and points on your record as well as the possibility of your insurance rates increasing. Take the deferral option, stay out of trouble and the case gets dismissed and the BMV will never know of the ticket. Though if you do get another... View More

You can look on in.gov and see if there are forms. However, it may be wiser to consult with a criminal defense attorney since expunging convictions can get complicated depending on the number of cases as well as depending on the level of the offense there are likely different timelines and... View More

Expired plates should not add any points to your record since it is not a moving violation. If you have already renewed your plates; I suggest contacting the prosecutor's office and provide them proof. The prosecutor may be willing to dismiss the case for you being in compliance.

Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... View More

Under Indiana law, yes you can violate probation or a sentence you have not yet begun to served by violating a consecutive sentence which you are currently serving. Contact your prior attorney or seek new representation to protect your interests.

If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... View More

The State has 2 years to file charges if misdemeanor & 5 years for a felony, though I would expect charges would be filed in the next several months. You can go to mycase.in.gov and look up your name to see when charges have been filed.

If the suspension ended in 2014 then there should be no reason it would prevent you getting a license. However, there may be a reinstatement fee. Also, there could be other reasons preventing you from getting a valid license. If you do not have a myBMV account, set one up and look at your... View More

You would be responsible to pay the ticket since you were the one who committed the infraction. However, the company would have to send proof to the BMV on your behalf to show the vehicle was insured. If you pay the ticket, it will put points on your record and could cause your own insurance... View More

It depends on the person's status with the BMV. IF they are suspended-infraction, then they will continue to get tickets and not criminally charged. Though, if they plead to one of the DWS tickets, the status will change to DWS-prior and the person could be arrested and criminally charged.

There is not enough information to answer your question accurately. If you have a myBMV account, print off a copy of your driving record and schedule an appointment with a criminal defense attorney who can look at your record to determine what can be done. Depending on the circumstances the HTV... View More