Gregg Jason Stark’s Answers

Gregg Jason Stark

Indianapolis DUI / DWI Attorney.

Contributor Level 7
  1. I got a DUI ten years ago and recently got another one. I was pulled over because the cop said my license plate lights was not w

    Answered about 2 years ago.

    1. Gregg Jason Stark
    1 lawyer answer

    I apologize but I am a little unclear as to how to respond to your question as I'm not quite sure what you are asking but I will do the best that I can. If you are questioning the legitimacy of the stop and the following evidence as it relates to the prosecution, a dui lawyer is best equipped to handle the specifics of your fact pattern. With that being the case, if you had failed the certified breath test in the jail or police station it will be left to your word versus the arresting...

    1 lawyer agreed with this answer

  2. I am in probation for a traffic violation (hit and run) and has served 7 month of my probation period so have 5 months?

    Answered about 2 years ago.

    1. Gregg Jason Stark
    2. Charles Joseph Michael Candiano
    2 lawyer answers

    If put on probation in the state of Indiana, it is almost always universally the case that any time not served in jail for the hit and run will be what is called, "suspended." As a condition of probation, a suspended sentence is utilized as a means with which the sentencing judge can enforce his or her order related to terms and conditions of your probation. By reviewing your sentencing order, you will be able to determine how much incarceration the judge has available to incarcerate you should...

    1 lawyer agreed with this answer

  3. A person that I know stole a key to my house and has been coming in and stealing from me. If I catch them on camera will they pr

    Answered about 2 years ago.

    1. Gregg Jason Stark
    2. Charles Joseph Michael Candiano
    2 lawyer answers

    There is no standard way to answer your question. If you have video evidence of a break in and identification can be made, I believe it reasonable to expect that a prosecutor in your county will prosecute both on your behalf and that of society's. With that being said, it is always up to the reviewing prosecutor within your county to assess the evidence and the merits of furthering the prosecution. It may prove to be in your best interests to work with your local police or sherriff's...

    1 lawyer agreed with this answer

  4. What happens after I have turned down my first plea bargain of criminal conversion? Why is it a Class A misdemeanor?

    Answered about 2 years ago.

    1. Gregg Jason Stark
    1 lawyer answer

    The first issue to be considered is whether you wish for your case to go to trial or if you are trying to accept responsibility and negotiate the most favorable terms by way of plea agreement. Simply put, if you did not intend to steal the merchandise I would suggest a trial is warranted. However, if in consultation with your defense attorney a strong case can be made against you, the best strategy for a negotiated pre trial resolution of your case must always must be explored. Toward that...

    1 lawyer agreed with this answer

  5. I got a ticket for going 68mph in a 55 zone. Highway 456 heading South. No construction. What can I expect my ticket to be?

    Answered about 2 years ago.

    1. Eric Charles Lewis
    2. Gregg Jason Stark
    2 lawyer answers

    If not eligible for traffic deferral program which would get case dismissed for a fee, I would suggest not paying the ticket if possible and appear in court. If you hold an Indiana driver's license the ticket will give you 2 adverse points on your driving record. (as opposed to 4 if the ticket was for over 15mph) Unlike some other traffic courts in Indiana, if you appear for trial and the officer does not show for court you may be in position to have the case fully dismissed. If officer is...

    1 lawyer agreed with this answer

  6. Can i apply for early termination of home detention and probation if I im paid in full and met all obligations in Indiana?

    Answered over 2 years ago.

    1. Gregg Jason Stark
    2. Marcelino Gustav Lopez
    3. Gregory David Spink
    3 lawyer answers

    In the state of Indiana the ways in which you can secure a modification of sentence for an early termination in your case are 1.) your lawyer had negotiated for early termination of probation within the terms of a plea agreement upon payment of fines and court costs 2.) the prosecutor either allows for the modification or allows you to petition the judge for early termination with no objection from the prosecutor if over one year has passed since sentenced or 3.) the sentence resulted from an...

    1 lawyer agreed with this answer

  7. Is theft of $100 a felony

    Answered over 2 years ago.

    1. Eric Charles Lewis
    2. Charles Joseph Michael Candiano
    3. John B Steinhart
    4. Gregg Jason Stark
    4 lawyer answers

    In Indiana, charging decisions as to whether the unauthorized control over the $100 will be charged as a felony theft or misdemeanor conversion charge is at the discretion of the reviewing county prosecutor. Many factors come into play as to this decision. In my experience defending such cases throughout Indiana, if the amount involved is under $200 and you have no prior convictions there is a strong likelihood that the offense will be charged as a Class A Misdemeanor "Conversion." (O-365...

    1 lawyer agreed with this answer

  8. D feloney to a A misdemeanor

    Answered over 2 years ago.

    1. Gregg Jason Stark
    1 lawyer answer

    In your specific case, one legal avenue to explore would be to pursue a modification of sentence in Indiana utilizing the term "Alternative Misdemeanor Sentencing." Such sentencing is reserved for D felony cases where the Defendant had not previously had such treatment within 3 years of the prior sentencing. However, for you the problem is that if "AMS" was not secured by your lawyer at the time of the plea agreement hearing or sentencing, a prosecutor may now unilaterally have the power to...

    1 lawyer agreed with this answer

  9. I got a dui, blew a 1.6 and had a concussion from the accident. I don't remember anything from that night.

    Answered about 2 years ago.

    1. Charles J Keefe
    2. Stephen Alan Sauer
    3. Ted Harvatin
    4. Gregg Jason Stark
    5. Michael W Modica
    6. ···
    6 lawyer answers

    One of the key issues to answering this question for me in my capacity as a dui attorney is the status of your license suspension in the state of New Hampshire. In Indiana, even before a finding of guilt, if a judge finds "probable cause" that one charged with dui failed a breath test for intoxication, a license suspension would result even while the case is open without a finding of guilt. If in New Hampshire this is not the case, you have valuable options that may not be available in other...

    2 lawyers agreed with this answer

  10. Can one lawyer represent both of us? what will happen at court for both of us? can misdemeanors be dropped for both of us?

    Answered about 2 years ago.

    1. Robert Edward Caldwell Jr.
    2. Gregg Jason Stark
    3. William N. Chambers
    3 lawyer answers

    In most states as long as there is not what is usually termed a , "conflict of interest," one lawyer can represent both parites. However, if one wishes to fight the charges and go to trial and the other does not, representing both individuals is not proper. Further, If there is any possibility that one defendant will turn state's evidence on the other, the lawyer can not ethically represent the best legal interests of either party. It is therefore important that both of you are on the same...

    2 lawyers agreed with this answer

317-818-6035