Many customarily ask information as to whether my defense practice is limited to Hamilton County. The answer is no. A large number of my cases as a dui lawyer include people charged from surrounding counties, including, but not limited to Hendricks, Marion, Madison, Grant, Delaware, Boone & Tipton Counties.
This cross section of counties and communities served is significant in regard to the defense of dui cases, as there is a dramatic disparity as to the pre trial options made available to those facing dui charges where a charge cannot be dismissed.
For example, Delaware, Madison & Grant Counties are presently in the minority of Indiana counties that will on occasion allow for the pre trial dismissal of first offense dui cases should specific facts warrant such treatment.
These pre trial agreements allowing for ultimate dismissal have been referred to as Title 12, diversions and/or agreements to withold prosecution. Courts allowing such treatment for first offenses at present include Pendleton, Elwood & Edgewood town courts in Madison County, Muncie City Court in Delaware County, as well as Grant Superior Court in Marion.
From the perspective of a statewide dui lawyer, I have found such counties to be far more reasonable to deal with in terms of exploring potential pre trial resolutions that can prove favorable to one’s future.
By contrast, the courts of Hamilton County, Marion & Boone are generally much more harsh in regard to seeking potential punishment for one targeted with a drunk driving criminal prosecution. Such counties will rarely if ever offer a first offender diversion or witheld prosecution treatment noted above unless a case against a client is weak. On such occasions I would be prone to recommend to a client that we move for an outright dismissal of a prosecution with weak evidence as opposed to a pre trial agreement in any form.
This difference as to the treatment of one facing an Indiana dui prosecution can be confusing, not to mention frustrating for one in the cross hairs of a prosecutor seeking far more punitive sentencing options than one in another county. However, a large part of my role as a defense attorney is to not only know the common practice of a specific county court, but just as importantly, how to seek the best options for a client based upon the particular county prosecutor assigned to a clients’s criminal prosecution.
Generally, those counties that offer first time dismissal resolutions and those that do not are indicative of the potentially applied options made available for increased punishments for multiple offenders. Knowing how to protect a client from the potential of unreasonably applied punishment no matter what county or court we’re in together will always be my first and foremost priority.
I would encourage one facing a dui prosecution anywhere in the state of Indiana to feel free to contact me at any time. Your call to me will always be free . With a wealth of experience defending dui cases in almost every county in Indiana, I’ll be pleased to help advise you in your legal defense based upon the specific court you case prosecution is in.
