Gregg Jason Stark’s Answers

Gregg Jason Stark

Indianapolis DUI / DWI Attorney.

Contributor Level 7
  1. If 2 people are arrested and charged with the same offense, why would they not be given the same sentence?

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Charles Joseph Michael Candiano
    3. Benjamin J Lieberman
    3 lawyer answers

    This is an extremely frustrating aspect of the law in Indiana and I'm sure in all states. From a legal perspective there can be many reasons why 2 people charged with the same offense would receive different criminal sentences. The most common reason for a disparity in sentencing would relate to prior criminal history. If one Defendant had a criminal history of prior arrests/and or convictions demonstrating prior involvement within the criminal justice system, the person generally would be...

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  2. I failed a drug test for cocaine on house arrest but am not on probation. What are the consequences? This is my first time.

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Guy Henry Haskell
    2 lawyer answers

    I would suspect the likelihood exists that you were put on house arrest/home detention under what is called a "direct commitment." Should this be the case, unlike a probation violation allegation where a court date would be set to determine whether a violation occured and what the appropriate punishment would be, a direct commitment is treated much diferently. With a violation of direct commitment the person is transferred to the jail or prison facility to finish the "executed" sentence...

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  3. When someone agrees to the diversion program for simple assault what could it be?

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. James Regan
    2 lawyer answers

    Not quite clear on the scope of your question but I will try to interpret. First off, there is no crime of "assault" in Indiana unlike some other states. I would think the crime within which the diversion covered was probably for the crime of battery in Indiana. It is usually the policy of a county prosecutor or judge in Indiana to determine whether something called, "victim notification" had taken place in order to solicit the input of the agrieved party and his or her thoughts on any...

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  4. My son was arrested for dui.

    Answered 4 months ago.

    1. Alvin David Hunt
    2. Gregg Jason Stark
    3. Matthew John Golden
    4. Andrew Robert Fiddes
    4 lawyer answers

    Depending upon Louisiana state law your son may have a viable defense if he had a lawful prescription for the medication he was taking. However, if he had ingested the medication in a manner contrary to a physician's directive the defense could be compromised. I would strongly suggest consultation with a lawyer in Louisiana who can advise what defenses may be available to your son base upon his present circumstances.

    5 lawyers agreed with this answer

  5. I have fed chrges and my atty has wrkd on plea but i still feel like it is excessive. can i talk to the U.S proscutor?

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Todd Andrew Spodek
    3. Joshua Sabert Lowther
    4. Barry Franklin Poulson
    4 lawyer answers

    The attorney client relationship is always a critical one in furthering your best legal interests and protection. If at any time you believe that your attorney is not working in your best interests, pro active action as soon as possible must always be considered. Timing in considering a change of attorney is vitally important. Depending upon the timeframe and/or proximity to trial, you may not have the option of retaining the ideal defense attorney of your choosing. This is so due to the...

    3 lawyers agreed with this answer

  6. I got an HTV/Felony and was needing to get some type of license to drive to work, is this possible? I got it in 2011

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Michael T. Scarton
    2 lawyer answers

    In the state of Indiana there exist different types of "habitual" drivers license suspensions. If you have one major moving violation such as Operating While Intoxicated, Reckless Driving. etc and nine "minor" moving violations such as speeding tickets within a ten year period, your license will be suspended for five years as a minor habitual offender. In such a circumstance you could petition for a probationary license for work purposes once any court ordered suspension is concluded. If on...

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  7. Can I be charged with possession if drugs were not found on me?

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Charles Joseph Michael Candiano
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    In Indiana, a person can be found guilty of drug possession even if the actual drugs were not found on one's person. In such cases, a prosecutor will use a legal doctrine called "constructive possession" to attempt to convict such a person. Constructive possession basically means that if someone has both knowledge of the drugs as well as the opportunity and ability to maintain control over the drugs in question, the possession may be inferred. As a result, guilt can be upheld as a matter of...

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  8. Can I transfer my Washington court date for a DUI to Indiana where I live?

    Answered over 2 years ago.

    1. Michael F. Morgan
    2. Brian Michael Sullivan
    3. Christopher Daniel Leroi
    4. Mark C Blair
    5. Gregg Jason Stark
    5 lawyer answers

    As an Indiana dui attorney it is not uncommon for me to be in position to "waive" an initial or first hearing within a misdemeanor case. Therafter, it is usually an option here to continue potential court hearings or make certain hearings what are often called, "attorneys only" to spare the inconvenience of court appearance for a client. Should a prosecution be for a felony in Indiana the initial hearing cannot be waived. Once the case has been concluded felony probation terms can be...

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  9. Accept pretrial diversion or go to trial for Misdemeanor Paraphernalia Possession?

    Answered 17 days ago.

    1. Gregg Jason Stark
    2. Joseph Robert Delamater
    3. Shashi S Jairam
    4. Lisa Michelle Harris
    4 lawyer answers

    The issue is one of constructive possession. Possession in such circumstance must be established by proving knowledge of the paraphernalia in the vehicle as well as one's ability exercise control over the paraphernalia. If your daughter was operating the vehicle, control will likely be presumed. In such a circumstance consideration for trial would be based upon a witness stating under oath your daughter's lack of knowledge irrespective of presumptive control over the interior of the vehicle....

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  10. Is there anyway of getting charges dropped after court is done and over with?

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Charles Joseph Michael Candiano
    3. Stuart M Nachbar
    3 lawyer answers

    The first question that must be answered is whether those terms were specifically bargained for within your plea agreement. If so, I would anticipate that as a general matter you will have an extremely difficult time overturning those terms and conditions. The legal mechanism in Indiana by which to attempt to alter the terms of the sentence you have specified would be through a process called "modification of sentence." It does not appear from your question as though your desire is to...

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