Top Indianapolis DUI Attorney Gregg J. Stark
As an Indianapolis dui lawyer for over twenty years, I believe I have a fairly good idea as to what people are looking for from an attorney. They want their defense lawyer to be human with real world experience. They want to know that their attorney has compassion for their circumstances and doesn’t look upon them as a criminal. They want a two way dialogue with their DUI attorney and not to be lectured. Most importantly, they want a battle tested fighter on their side who gets results. I am here and available to you or someone you love. I am here to listen and address your questions and concerns at no cost. I haved helped countless numbers of people charged with dui in Indianapolis, and I can help you. Call me for free. Anytime. When charged with a dui anywhere in Indiana, we can get through it together.
Please take time to review The Keys To Find The Best DUI OWI Attorney in Indianapolis and other information contained throughout our website that lawyers do not always want people to be aware of. We believe the legal defense information contained throughout our website is second to none and not easily found elsewhere. This page deals with the defense of those arrested for drunk driving in Indianapolis. We invite you to begin at my homepage when looking to begin your search for all subjects related to dui defense and to find the best DUI Lawyer for your needs anywhere outside of Indianapolis.
The way a defense lawyer in Indianapolis defends a case is often far different than other court systems in the State of Indiana. Designated courts are assigned to hear all of the drunk driving cases prosecuted. Once arrested, drunk driving defendants are processed in what is known as the Adult Processing Center or ”APC” center. It is usually here and not the ultimate courtroom the case will be assigned to where a Defendant’s Initial Hearing rights are read. At this stage if probable cause has been found that one has tested at or above .08, a court order suspending the driver’s license will be sent from this initial hearing court to the Indiana Bureau of Motor Vehicles. This order, will in effect, suspend the accused’s drivers license while the case is pending and before a finding of guilt. Once and if released, the defendant will recieve in the mail notice from the bmv that the license has been suspended for one hundred eighty (180) days. However, this time period is likely to change once charges have been resolved in court.
When charged with dui this initial hearing begins soon after the dui arrest. Since the Defendant is confined, family and friends often have little notice of the arrest in order to secure legal counsel by the time the initial hearing has begun. As a result, a defense lawyer is usually not present at this hearing where the Defendant will be put on notice as to the license suspension and what bail conditions will be set.
Due to the high volume of cases in Indianapolis, many charged will be released on “own recognizance,” meaning released from the apc center without having to post a bond. Others will have to post the bond set to secure their release. It is usually soon after one has been released from processing when a dui attorney in Indianapolis would be contacted in order to immediately take all steps to safeguard the rights and future options of an accused client. Unfortunately, far too many of my clients come to me after considerable delay due to the reality that they might have initially retained the wrong Indianapolis dui lawyer. This happens often as a result of an allowance for attorneys to get access to your arrest information from the Indianapolis Metro Police Department. Such attorneys, eager for the profit incentive of a quick buck will often lure an unsuspecting client into representation through low fees and unrealistic promises. Many such lawyers do not focus in the area of dui defense but mainly concentrate their efforts on sending out mailings to vulnerable people charged with criminal offenses. Be pro active in researching all you can before selecting the best Indianapolis owi lawyer for your case and never make such an important decision based upon a mailed solicitation delivered to your mailbox.
At the beginning of a DUI case, one of the first steps to be taken is for your Indianapolis dui lawyer to pro actively engage all relevant individuals within the Marion County Prosecutor’s Office who have been assigned to prosecute. It is critical that an appearance be put on file with both the court and prosecutor’s office formally notifying of my representation as soon as possible. Early intervention is essential in sending a message early and often that my client’s rights and unique circumstances will be adequately addressed. Further, such action can ensure that the filing of excess and unwarranted charges are prevented.
In cases where a lawyer is able to acquire knowledge that the client is being investigated prior to criminal charges being filed, your attorney must be familiar with the screening process and prosecutors within the pre screening division of the Marion County Proseuctor’s Office. Significant effort must be put forward at such a stage to do anything and everything to address individual prosecutor(s) and point out why dui charges may not be warranted. It should go without mention that an Indianapolis drunk driving attorney’s experience and knowledge of the screening process is a necessary component when attempting to head off such a prosecution.
In the best of circumstances, a skilled attorney’s efforts can point out weaknesses in the prosecutions’s case that can quickly resolve or even have all charges dismissed by agreement before further proceedings are necessary. While always the ultimate objective, most dismissals come either through the filing of pre trial motions to probable cause for the arrest in question or a hard fought trial victory decided in the court that the case has been randomly assigned to.
At present, there are three misdmeanor dui courts in Indianapolis handling first time dui offenses or cases with prior convictions beyond five years. Four courtrooms are assigned to hear most all felony dui cases that do not involve crimes seperate from the dui offense. For example, an offense such as Operating a Motor Vehicle Causing Death will usually be heard in a felony court for crimes above the class d felony level. How a drunk driving attorney in Indianapolis proceeds is often dependant on which court the case has been randomly assigned to. As each court in Indianapolis has different procedures, it is vitally important that the attorney have the experience necessary to effectively navigate one’s case to a successful conclusion based on the court in question.
If you have the good fortune to have your criminal prosecution dismissed, knowledge of sentencing options within Marion County do not need to be addressed. However, for many, your lawyer’s knowledge of any and all sentencing alternatives to incarceration available within Indianapolis will often be critical to an outcome that allows for the client’s future well being to be protected. For example, for multiple offenders there are many unique facilities that can and should be utilized to eliminate or reduce the prospect of incarceration altogether. Our knowledge of the pre approval process for facilities such as Marion County Community Corrections, Riverside, Hochs, VOA, etc. has often been the first start toward successfully giving our clients favorable options when they believed all hope to be lost.
If challenged by a DUI, one must not lose hope. Call us for free. We believe that the knowlege we can provide you will give you the peace of mind knowing that you or or your loved one has a trusted resource in Indianapolis to turn to in your time of need.
Stark Law Offices, P.C.
201 N. Illinois St., Indianapolis, IN 46204 (317) 273-8888