Tag: Felony



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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As you arrive wherever it is after you are charged with DUI, whether it be home or in a jail cell, many people feel despair because they know, due to the high prices of an Indianapolis IN DUI attorney, they will never be able to afford this kind of representation. They feel like they are resigned to losing their case, no matter the evidence in their favor or lack of evidence against them. In some cases, they may be right, but if they have a felony or even a misdemeanor DUI, then chances are they are wrong.

If you fall into that category, you may be guaranteed an Indianapolis IN DUI attorney by the mandate of the law. You may start getting a bad taste in your mouth at this, thinking that it won’t do you any good because lawyers assigned by the state typically guarantee a loss, but this is only the cause of myth in rumor. On the contrary, publicly hired lawyers often do an excellent job, and have the same rate of loss as private lawyers–the good thing is that you won’t pay for them.

Public lawyers also have an extra benefit to them. Like any other Indianapolis IN DUI attorney, they have usually had a private practice, but they have also seen the inside of the system and know how it works.