Tag: Criminal Case



Reader’s Question:

If I get convicted for my DUI charge here in Fort Wayne, Indiana, will my conviction stay on my record? What if I just plead guilty to my case, can I get it reduced to a lesser offense?

Harvey

Fort Wayne, IN

A DUI conviction would stay on your record and it should be disclosed during job interviews, when going abroad and loan applications. Sometimes, it would be better to plead guilty so that you may get your charge reduced to a lesser offense to avoid the possible negative outcome of a trial. But like any criminal case, you’re presumed innocent until proven guilty. It may not look and feel that way when you walk away from a DUI arrest with a temporary driver’s license, but the prosecutor still has the burden of proof in a DUI case.

Chemical test rights and its consequences as well as the Miranda rights should be read to you at appropriate times. Your DUI case on Fort Wayne, Indiana will probably not be thrown out if you were not read these rights, but it is a hole in the prosecution’s case that will not hurt your defense, either. In any case, you also would probably have higher car insurance rates so be sure to shop around but you’d likely find the car insurance deal that you are looking for from this site so get a free online rate quote now.






Reader’s Question:

I have been charged with my first DUI offense in Gary, Indiana. I don’t really know how the court process works. What will happen on my first court date and to I have to attend that if I have retained a lawyer?

Rasheed

Gary, IN

Many are actually not familiar with the court process in any criminal case, including a DUI charge. Since you have been charged with DUI in Gary, Indiana, your first scheduled court appearance would be the arraignment. This is the formal reading of your criminal complaint to inform you of the DUI charges against you. During this hearing, you will be asked to enter a plea which is either guilty, not guilty, or no contest in response to the DUI charges against you. The police report at the time of your DUI arrest and a Complaint, typically, are presented to the court. If you plead guilty, an evidentiary hearing will follow. If you plead not guilty, a date will be set for a preliminary trial.

But if you have been charged with a misdemeanor DUI and have retained a lawyer, you will typically not need to be present for the first court appearance. If it is a felony DUI case, your attendance at the arraignment is mandatory, regardless of whether or not you have retained a lawyer on the matter.

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