Paul Stanko's answer Your question does not contain enough facts to facilitate an answer. If your sentence was agreed to as part of a plea agreement, it can only be modified by agreement of all parties and approval by the court.
Paul Stanko's answer If you are charged with operating with any level of controlled substance in your body, sobriety is irrelevant. It is not a defense. You should discuss your concerns with your current attorney.
Paul Stanko's answer All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.
Paul Stanko's answer Calculating habitual enhancements can be complicated. What is needed is details of the current offense date, the dates of the prior offenses and judgments, and the charging information. Take all of this data to a defense attorney to get an opinion on whether this is an impermissible double enhancement.
Paul Stanko's answer This is a common problem. Once police are called to a DV incident, someone will be arrested and charged. As you are the alleged "victim", the prosecutor is required to keep you advised of developments, but is not required to do your bidding with respect to the outcome. A domestic violence conviction has lifelong repercussions. He should consult his attorney, and you should make your feelings clear to the prosecutor.
Paul Stanko's answer The police must follow a set procedure in order to eliminate targeting or cherry-picking. The stop must be for a reasonable and short period of time (time enough to check license and registration, for example). You may refuse to answer incriminating questions and are not required to consent to a search of your vehicle. The goal of these checkpoints is to develop reasonable suspicion or probable cause for further law enforcement activity. Just hand the cop your license and registration and...
Paul Stanko's answer If you can afford private counsel, by all means seek out an experienced OWI lawyer. If you are indigent, ask the court to so determine, and appoint a public defender. Do not try to represent yourself.
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