Answers To Your Criminal Defense Questions
Do I have to attend my pretrial conference?
The answer to this question varies depending on what court your case is in, as well as whether your case is docketed for a final pretrial conference. Please be sure to verify with your attorney whether your attendance is required.
What is a jury demand, and why did you demand a jury trial in my case?
If you are charged with a misdemeanor criminal offense in Indiana, you will only receive a trial before a jury if you or your attorney requests a jury trial. Otherwise, your misdemeanor case will be tried before the judge in what is referred to as a bench trial. By requesting a jury trial early in the case, your right to have your case heard and decided by a jury is preserved.
What is implied consent? How does it relate to an OWI case?
In Indiana, a person who operates a vehicle implicitly consents to submit to a chemical test when such a test is requested by a law enforcement officer. Harsh penalties in the form of driver’s license suspensions can result if a person refuses to submit to a chemical test when requested to do so. Contact us if you or someone you know needs assistance related to an OWI charge.
When can I get my record expunged?
There are exceptions to the general rule in Indiana, but most misdemeanor convictions can be expunged five years from the date of conviction, and most felony convictions can be expunged eight years from the date of conviction. Certain specific procedures and requirements exist as precursors to an expungement being granted. We have helped numerous clients expunge their records, and we would be happy to help you, too. Contact Pillar Law Group LLP for guidance or additional information on the expungement process.
What is a pretrial diversion?
In Indiana, a pretrial diversion is an agreement between the state of Indiana and the criminally accused where the state withholds prosecution of the case if the accused stays out of trouble for the term of the agreement. It is not uncommon for a pretrial diversion agreement to contain additional terms and conditions that the defendant/accused must abide by during the term of the agreement such as counseling or paying restitution, for example. At the end of the term of the agreement, if all conditions of the agreement have been satisfied, the state will dismiss the charge(s). Notably, a successfully completed pretrial diversion does not result in a criminal conviction.
