Look at questions on this site and others that deal with "actual physical control". While in the theoretical scenario you describe it would be hard to prove that you were driving the vehicle, it would be easier to prove that you were in actual physical control. And the case law is very bad for defendants in that regard.
Also, something to keep in mind is that when one is under the influence of alcohol it is very hard to remember to do all of these things: step outside the car, say nothing to...
Police can lie to you about many things. You gave them evidence they can later use against you if they want to. Depending on exactly what you said, it sounds like you may have admitted to a crime on tape. Especially when they said "most just plea"; that sounds like they were saying that "most people just plea to the crime we charge them with".
In general, keep your mouth shut around cops. When they pulled you over, they didn't have any evidence that you had done anything illegal. Now they do....
The State attorney could appeal the decision, but I doubt they have any grounds. They could request a new bond hearing, but they'd have to have a reason, like alleging that you violated the new terms of your bond. They can't just ask the new judge for a different bond for no reason.
If you don't have a lawyer on the new charge or the VOP, you should get one.
Many attorneys offer free consultations.
I agree with Mr. Chandler. The paraphernalia and marijuana charges are not to be worried about nearly as much as the gun charge.
The maximum sentence on that is 15 years. There is a minimum mandatory of 3 years if it is considered o be actual possession; that is, if it was on the defendant's person.
The "average jail time" depends very much on the person's scoresheet, a listing of all of their prior convictions. It also depends on the prosecutor assigned to their case. With at least a prior...
Yes, hire an attorney. Many firms, including mine, offer free consultations. There's a possibility it could be dropped, but if a lawyer tells you anything is 100% during a free consultation, they're lying.
Feel free to give me a call: 378-5599
I understand if you want to check with a few different attorneys before settling on one, too.
Yes you can trust a public defender. They are a "pro bono attorney" that you are looking for.
Like in any profession, there are some that are better than others, but they are all qualified attorneys. None of them are there for the money. They are doing this often thankless work to help people like you; people who did something they regret and can't afford a private attorney. Ask for a public defender, talk to them about your situation and NO ONE ELSE. Good luck.
When you file a notice of expiration you are stating that you are ready for trial- so are you? If/when you file it the State often gets their act together.
Talk to an attorney before doing this. The repercussions on your charges are significant.
If I understand this, not seeing him is a condition of your probation, right?
Your probation officer will violate you. You will be arrested based on that violation, and, because this is in Marion County, you will almost certainly have a no bond warrant. Which means you will not be able to get out of jail until it's resolved.
You need to get an attorney who handles these asap. Assuming the "old man" is consenting to the contact, and you dont' have any other violations, an experienced attorney...
I agree with the other attorneys. The only thing I'd add is to work with your probation officer. Some of them are better than others, but s/he should be able to help you find a place to do your community service. Also, getting started on your community service and doing some of it is better than doing none of it.