Gregg Jason Stark’s Answers

Gregg Jason Stark

Indianapolis DUI / DWI Attorney.

Contributor Level 7
  1. He caught third dui while still on probation for second dui....hit a man on bicycle...can a lawyer help him? just waste my money

    Answered about 2 years ago.

    1. Gregg Jason Stark
    2. Daniel R Perlman
    3. Scott R. Staab
    3 lawyer answers

    If funds can be utilized for a top dui attorney in Indiana this is the type of case where the expenditure must be strongly considered. Not only is this person facing a potential felony causing serious bodily injury charge but also a violation of probation punishment for the second Indiana dui conviction. As if this is not concerning enough, as an Indiana dui lawyer what would be of foremost concern is the filing of what is labeled a "Habitual Substance Offender Enhancement" (HSO). An HSO is...

    2 lawyers agreed with this answer

  2. Could a lawyer look over a criminal case to see if modifications could be made in sentences when a man is already incarcerated?

    Answered about 2 years ago.

    1. Gregg Jason Stark
    2. Kathrine Diane Jack
    3. Daniel R Perlman
    4. James Regan
    4 lawyer answers

    Your question can be answered in one of two ways. The first being if you wish to appeal the conviciton itself, the second if you wish to attempt to change or "modify" the sentence. Unfortunately, at this juncture in Indiana legal deadlines may be working against you in either of these two pursuits. For example, in Indiana in order to maintain a valid appeal what is called a "praecipe" for transcript must be filed within 30 days of the sentencing. As the conviction was for murder, it is my...

    2 lawyers agreed with this answer

  3. My 14 year old son got caught by the police smoking marijuana. He has to attend court. What can we expect?

    Answered about 2 years ago.

    1. Gregg Jason Stark
    1 lawyer answer

    Since your son is a juvenile offender consider yourself fortunate. Depending upon the county in Indiana if your son has no prior involvement with the court system his case may be able to be handled through terminology often called an "informal adjustment." In plain english this means that the case could ultimately be dismissed and not referred to court upon the satisfaction of certain conditions. If the case is brought before juvenile court and your son has no prior criminal involvement it...

    2 lawyers agreed with this answer

  4. I got caught shop lifting $146 from a store and i have never been in trouble before ...

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Benjamin J Lieberman
    2 lawyer answers

    This response is based upon the assumption that you do not wish to take your case to trial. In your specific case I would suggest that you pro actively pursue what is called a "Pre Trial Diversion" agreement or sometimes called an "Agreement to Withold Prosecution." In Indiana, although subject to the agreement of the local prosecuting attorney assigned to your case, a first offense shoplifting case charged as a class a misdemeanor can ultimately be dismissed upon the satisfaction of certain...

    2 lawyers agreed with this answer

  5. Can I get OWI while away from vehicle on phone w/ 911 w/ keys in pocket?

    Answered about 2 years ago.

    1. Gregg Jason Stark
    1 lawyer answer

    This is a circumstantial evidence type of case where depending upon the case narrative of the arresting officer, the probable cause affidavit as well as any other witnesses(s) and/or evidence, a conviction for dui can be sustained as a matter of law subject to additional evidence. The first question I would pose is whether the case is still presently pending as you refer to a 2008 incident. If so, I would ensure that you address the fact pattern with a qualified dui lawyer in Indiana who can...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. My husband is on probation for poss of controlled substance under 1 gram. Was arrested for dui. Will that revoke his probation.

    Answered about 2 years ago.

    1. Richard Timothy Jones
    2. David E Ledyard
    3. Gregg Jason Stark
    3 lawyer answers

    At the outset please let me make clear that I am an Indiana DUI lawyer and have never practiced within the state of Texas. With that said, one must understand that conditions of probation are ordered to be complied with and not violated no matter the time lag involved. Customarily, new arrests while on probation as opposed to violations for failure to pay court costs fully etc. are unfortunately usually considered the most serious violations and not as easily discarded. Although difficult,...

    3 lawyers agreed with this answer

  7. 40 year high school reunion tonight can I be drunk and sleep in the my car overnight on a class mates private property were

    Answered about 2 years ago.

    1. Benjamin Russell Anderson
    2. Gregg Jason Stark
    3. Barry Franklin Poulson
    4. Todd Andrew Spodek
    4 lawyer answers

    In most, if not all states, unless there is either direct evidence of driving activity or cirumstantial evidence that you reached that destination as a result of operating while intoxicated, a dui prosecution would be unlikely. However, If a car is parked and running to use air conditioning or any other reason, you run the risk of prompting an investigative inquiry whether on private property or not. One must always remember that there are many police officers looking for any excuse to make...

    3 lawyers agreed with this answer

  8. Should I hire a lawyer or get a public defender for DUI case?

    Answered about 2 years ago.

    1. Matthew Murillo
    2. Tai Christopher Bogan
    3. Michael James Kennedy
    4. Gregory David Spink
    5. Stephen J. Isaacs
    6. ···
    10 lawyer answers

    Your question is a good one with many different factors that can come into play. It would be ideal within the criminal justice system if one could know and research the specific public defender who would be assigned to your case. That way, you would be able to do research on the defense lawyer in order to aid your decision. Unfortunately, one accused of DUI in America does not have the ability to pick and choose a public defender provided by the state. Some public defenders, usually those...

    3 lawyers agreed with this answer

  9. I'm in Indiana with no arrest record, case was dismissed in 2006. Do I need to check yes when asked "prior criminal record"?

    Answered about 2 years ago.

    1. Charles Joseph Michael Candiano
    2. Gregg Jason Stark
    3. Mark M Cheser
    3 lawyer answers

    It is very important to read whatever question is asked of you thoroughly. For example, a diversion agreement within Indiana if completed successfully allows you to truthfully answer that you have no prior criminal conviction for that offense. By the same token, underage drinking prosecutions within Indiana are not always crimes subject to an initial arrest. Common sense and careful review of any questioning will allow you to further state no prior arrests if originally summoned to court by...

    1 lawyer agreed with this answer

  10. Deferred Action with criminal mischief?

    Answered about 2 years ago.

    1. Gregg Jason Stark
    2. Joseph Aragon
    3. Theodore John Murphy
    3 lawyer answers

    Within Indiana there is often a distinction between juvenile court resolutions and case dispositions where one is classified as an adult over eighteen years of age. Within Indiana juvenile court, case resolutions are accessible by law enforcement and not the general public. This is significant for if a future adult offense of a criminal nature should occur, law enforcement can still consider the prior juvenile record as to any prosecution options to be considered. It is possible that...

    1 lawyer agreed with this answer

317-818-6035