Paul Stanko's answer Yes. Charges are filed based upon probable cause. If the case goes to trial, the State will have to prove its case beyond a reasonable doubt. If the defendant was neither intoxicated nor had alcohol or a controlled substance in the body in violation of the per se statute, that would be a defense. An experienced OWI defense attorney is needed to adequately defend this case.
Paul Stanko's answer Eventually, the court will want to set a trial date unless she negotiates a plea agreement with the prosecutor. It is essential that she have legal representation if she wants a favorable outcome.
Paul Stanko's answer Probably not. It is possible for the prosecutor to redact the discovery to exclude information that would endanger witnesses, such as addresses and phone numbers. Any evidence the prosecutor intends to rely upon at trial should be disclosed, as well as any exculpatory evidence that could be of use to you.
Paul Stanko's answer It means that the defendant will be ordered to serve the sentence through Lake County Community Corrections work release program upon sentencing and commitment by the court. It may be possible that the initial placement could be modified to something less strict (home detention, day reporting) if the defendant earns it, or the placement could modifed to a more secure facility if he violates LCCC rules.
Paul Stanko's answer An Appearance Form is a standard form filed with a court to provide attorney contact information (name, address, telephone, email address, etc.) in a given case. If any of that information changes, an attorney would file an amended appearance.
Paul Stanko's answer You need an Indiana DUI lawyer. First, some basics: You are not suspended or revoked unless and until Illinois does so. The Indiana court has personal jurisdiction over you, but has NO jurisdiction over your Illinois driving privileges. That is the good news. The BAD news is that any "DUI" (as Illinois calls it) conviction in any state WILL result in a revocation of your Illinois drivers license.
Paul Stanko's answer Once you got the police involved, the prosecutor was also likely to be involved. It is not your call whether charges are dismissed. That is entirely up to the prosecutor. If you DO make a statement, you may want to retain an attorney first. Depending on circumstances, you could be facing perjury or false informing charges.
Paul Stanko's answer It is unlikely that the prosecutor is basing such charges on just your hearsay statements. You never should have given irrelevant statements at the scene to begin with, but that is all water under the bridge. To protect yourself, consult a criminal defense attorney to make sure you are not facing possible criminal charges yourself. DO NOT, EVER, talk to a prosecutor without speaking to defense counsel first!
Paul Stanko's answer Any good defense attorney will ask why you went back to your alleged "abuser". Whether it will hinder the case is yet to be seen, but it certainly doesn't help it. It will make the prosecutor's job more challenging, for sure.
I started out as a prosecutor, and I have been there!
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