Does rehab help lesson the punishment for a level 6 felony
answered on Feb 6, 2024
A level 6 felony has a penalty range of 6 months to 2 1/2 years in jail or prison. However, the incarceration for the person can be suspended and placed on probation. Rehab will not lessen the penalty per se but is a mitigating factor in determining the appropriate sentence.
I got a 9-21-5-11 (c)(2) ticket for speeding in a workzone, no workers present. The cop clocked me going 90 however I had my cruise control set to 80. the speed limit was 55. How do I plead to best lower my ticket price or consequences?
answered on Feb 3, 2024
Pleading guilty will add significant points to your record. Also, a no contest is really a plea of guilty in disguise, same effect. If the prosecutor offers an infraction deferral, that would keep the conviction and points off your record. If they do not offer the deferral, then you should... View More
I'm wondering the chances of being locked up or if I'll be able to go free and have a later court date set up.
answered on Sep 25, 2023
If there is a warrant and you show up at court you will be taken into custody and it will be up to the judge to let you out. Since its been a year since you were in court, it is unlikely you will be released. You should consult with a local criminal defense attorney who may be able to get the... View More
answered on Sep 11, 2023
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
I was told this exact statement, then advised to just pay the fee online. Never occurred to me he could be wrong on purpose or just mistaken. I have points on my license now. I paid the ticket online, never imagining what I was doing was a huge mistake. Because I didn't know he was wrong/not... View More
answered on Aug 23, 2023
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
answered on Aug 23, 2023
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
answered on Aug 22, 2023
No, Judges do not file motions in their own court, they issue orders. Attorneys, self represented persons, probation officers file motion/petitions.
If you were drinking due to severe depression and anxiety will a judge take that into factor.
answered on Aug 21, 2023
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.
answered on Aug 21, 2023
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.
She tried to escape police, and they had to blow her tires.
answered on Aug 21, 2023
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.
I hit the gas peddle and not the break by mistake while parking my car. I am being charge with Indiana Statute 9-30-5-2(a) & (b).
I need to change my driver's license from Illinois to Indiana to include my redencey. Can I still change my car title, DL etc and my redency to... View More
answered on Aug 9, 2023
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
answered on Feb 6, 2023
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
Occurred in Whitestown, Indiana. Will put 2 points on driving record. The deferral will cost $80.50 more than the ticket. If no citations in a year, then the case will be dismissed. I am assuming dismissal will mean no record of speeding or the ticket and no points on driving record.
answered on Nov 8, 2022
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
in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the... View More
answered on Mar 17, 2024
The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.
Can I plead not guilty since the warning was issued over three years ago?
answered on Jan 8, 2024
If the ticket was filed more than 2 years after the infraction offense date then the State has blown the statute of limitations and the case should be dismissed.
It was a motion filed and I’m not sure what exactly that means
answered on Jan 3, 2024
It looks to be an abbreviation for onmibus which is a hearing date that is a deadline date for filing certain motions and defenses. You should discuss this with your attorney.
I was at a different residents next door when law enforcement found drugs in his home he was on probation I am not but he is now claiming drugs were mine Im confident there Is no case but an educated opinion would be nice thank u
answered on Dec 12, 2023
If you are court ordered to appear at the deposition then you need to go. However, you should not go without an attorney since anything you say will be recorded an can be used against you. Contact a local criminal defense attorney and discuss the situation.
I was arrested in April 2023 during a traffic stop on an FTA warrant. At the jail I was given jail attire to change into. During my dress out the officer found a bag of Methamphetamine inside my underwear, the jail officer contacted the arresting officer to inform him and he came back to the jail... View More
answered on Dec 1, 2023
You should discuss this with your attorney. If in fact both are from the same incident, then he/she should request the warrant be recalled.
answered on Dec 1, 2023
If there is lack or no proof of the allegations against you, why would you admit. You should consult with a local criminal defense attorney to discuss your options. Most attorneys offer a free consultation.
I need to go to another county to turn myself in and not sure if I can do that or another lawyer can get another date for me
answered on Nov 27, 2023
You can always hire your own attorney even after the court appointed you a public defender. Use the find a lawyer tab on this site and look for a criminal defense attorney in your area. Discuss the situation with the attorney to see about getting a new date. Most attorneys offer free... View More
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