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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

Indianapolis, IN |

Goes to court on monday for initial hearing been in jail since accident for fifteen day violation then bond set too high so he is staying there til court...what will happen at initial hearing with just a public defender?

Attorney Answers 3


This is a very serious situation and public defenders will rarely have the time to get creative enough to solve this without significant jail or even prison time depending on the seriousness of the injury to the bicyclist.

A good private defense attorney may be able to get him into a substance abuse program or other alternative to a lengthy time in custody.

Good luck!

Daniel Perlman
Twitter: @dpdefense

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A lawyer may or may not be able to help him. However, an experience attorney who invests time into his case will investigate all of his options and be able to help him the most.

Public defenders can be good, but are often too busy to invest the time needed into a case as serious as this.

I would strongly consider hiring someone who is very experienced and willing to fight on his behalf if you care about his future.

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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 not a new charge but an ehancement to the dui charges filed and allows for an additional 3-8 years of mandatory imprisonment for one with a third dui conviction in addition to the underlying dui conviction. This reality gives prosecutors an incredible amount of leverage in the state of Indiana for to take the risk of trial is to face the prosepect of the imposition of these mandatory sentencing requirements presently existing in Indiana.

Depending upon the county and even the specific court within an Indiana county, the typical custom as to HSO filings and negotiating options may be far different. Where one county may rarely file an HSO enhancement, others may proceed with such a decision as a matter of course. However, there may be issues as to whether an hso filing can proceed where an enhancement to a felony has already been taken into account for having a prior dui within five years. The problem with this case is that the state prosecutor could have the option of filing the offense a felony based upon an alleged injury to the man on the bicycle and not only due to the third dui within five years of the second.

As one can see this is an incredibly complicated area of law where a skilled navigation of the best alternatives can often only be best explained by an experienced dui attorney in Indiana based upon the unique fact pattern presented. If funds are available for qualified counsel my own take on the situation is that this is a case for an experienced dui counsel as soon as possible.

At the initial hearing the charges will be presented, future court dates will be set and a request for a public defender may be initiated so as to determine whether one qualifies for such appointment of counsel if desired.

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