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Marcelino Gustav Lopez
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Marcelino Lopez’s Answers

89 total


  • Do I need an attorney at questioning

    I was contacted By a detective today about an incident that supposedly happened two days ago when I call them and they ask me to there station should I take an attorney with me I dont know if charges are filed I think she has pressed them but I'm ...

    Marcelino’s Answer

    Never speak with the police without a lawyer. No exceptions.

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  • Five dui!!

    okay my boyfriend is now facing his fifth dui. he has one in ny, cali, Massachusetts, and the four I am not sure. but he ostensibly now facing his fifth in Indiana. what can we expect to happen. his bail is set to 750.

    Marcelino’s Answer

    This is a very serious situation. I have no idea how far apart the DUIs (or OVWIs as they are called in Indiana) are, but here is a general breakdown.

    If you have a second DUI charge within 5 years of your last DUI conviction it will be charged as a D felony. The maximum amount of time for a D felony in Indiana is 3 years. BUT, if the state charges the Habitual Substance Offender charge b/c your boyfriend has two prior unrelated DUIs then the maximum time on a D Felony is 11 years. This is very scary.

    Please consult an experienced DUI attorney.

    Good luck.

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  • In 1991 I had my second DUI. I still have a D felony on my record. Can that be reduced after this many years?

    I completed everything back then an I have moved on with my life and have a great life with my children and wife. I would like to not have a felony charge following me around. Can that be reduced to a mistimeaner

    Marcelino’s Answer

    It is very likely that your D felony and the misdemeanor can be expunged from your criminal history. Please talk with an experienced expungement attorney.

    Good luck.

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  • If I blew a 0.15 or over will it be likely that I serve jail time?

    This is my first offense

    Marcelino’s Answer

    In Marion County Indiana if you choose to plead guilty to Operating a Vehicle While Intoxicated (OVWI / DUI) the three biggest factors that the Judge or Prosecutor are going to consider are: 1. Prior OVWI / DUI. 2. Whether or not there was an accident and 3. what you have been doing since the arrest.

    Blowing over a .15 with no prior DUI and not causing an accident, you are likely charged with an A misdemeanor. The maximum time in jail is 365 days. The minimum is 0. The maximum fine is $5000.00 and the minimum fine is $0.00.

    Please consult with a qualified attorney so you can determine all your options, including fighting this case.

    Good luck!

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  • Can 2 counts class D Felonies from Indiana be expunged or marked down to misdemeanors?

    In 2006, I plead guilty to I count identity theft, and 1 count fraud (both class D felonies). I have been in no trouble since then. Is it possible to have these expunged or marked down to misdemeanors?

    Marcelino’s Answer

    Generally, Class D felonies can be expunged 8 years from the date of conviction. Good luck!

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  • Can you be charged with a DUI / DWI if you have a prescription? I go to a Methadone clinic and get Xanax.

    I was going to work(2 lane highway) and the power steering went out,lights off/ on,etc.on my car.i pulled over ASAP on a side road.I was already pulled over,calling my husband.He was telling me it was probably the alternator& get it towed home whe...

    Marcelino’s Answer

    Having a prescription for medication is a defense for operating a vehicle while intoxicated so long as no endangerment is alleged. If the State is alleging endangerment it is likely they will need the person who called 911 reporting you as an intoxicated driver to prevail on these OVWI charges.

    Being pulled over on the side of the road is not a crime. Having a prescribed drug in your system while being pulled over on the side of the road is not a crime. Don't let them make you think otherwise.

    Good luck.

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  • DUI Charge/ Unlawful Arrest???

    I was convicted in 1990 for 2 DUI's and both misdemeanor's. I recently totaled my vehicle and was sitting along side of the road when officers showed up. I refused a FST and taken to a hospital for injuries where a blood sample was taken and I tes...

    Marcelino’s Answer

    #1 - The state must prove that you operated the vehicle.
    #2 - Indiana Constitution guarantees that you will be charged in the county where the crime occurred. Unless it is a DUI and it occurs on a road bordering two counties. If this is the case then the state can charge you in either of the two counties that the road divides. For example, charges for DUI in Indianapolis on 96th Street can be brought in either Hamilton County or Marion County.
    #3 - Please be sure to hire an attorney who can help you. If you have two (2) priors your biggest concern needs to be the Habitual Substance Offender Enhancement.

    Good luck.

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  • How can someone get charged with an OWI while in the house?

    neighbors called cops on him.

    Marcelino’s Answer

    A DUI is one of the few misdemeanor offenses in Indiana that a police officer does not need to "observe" an individual committing in order to arrest them. So it is very possible for a police officer to arrest and charge an individual with DUI if the police found the suspected drunk driver in a house.

    It is an entirely different story for the State to convict someone who has been home for any length of time of a DUI. A good lawyer is absolutely necessary when faced with facts like this. Good luck.

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  • Can battery charges be dropped if battery occurred at least a month before charges are filed?

    On June 1st my bf was very drunk and on medications due to a heart condition after he was released from the hospital and he hit me. I didn't file charges at that time. Yesterday we got into an argument and he made a statement about coming to get m...

    Marcelino’s Answer

    This is an excellent example of why you should never call the police unless you are absolutely serious about putting someone in jail. It is not you that files and presses charges, it is the State of Indiana.

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  • Under the influence of multiple drugs and intoxicated took a BB gun into two of our local stores and " robbed " them

    He could barely walk when I kicked him out of the house much less rob someone . Hes has been incarcerated for mo now and just got his discovery packet , which is based on " hearsay " by a female that lied about her name on record so should thi...

    Marcelino’s Answer

    Voluntary intoxication is not a defense in Indiana. If this female witness lied about her name it is possible she lied about other things as well. Please hire an experienced attorney so that this man has a fighting chance.

    Good luck.

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