Proof is no longer relevant in your case. For whatever reason you took a plea, therefore, you are deemed to admitted guilt to the facts. Very rarely can you vacate a plea based upon the kind of information you provided above; however, you can still try. Hire a lawyer in your area to fully evaluate all the facts and circumstances.
John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
Once you take a plea it is very difficult to have it vacated. You should have an attorney and you should be discussing all of your options with him/her.
You can take a DUI school in Indiana that will be accepted in the other state. You must contact the other state and find out which Indiana program they will accept. You will probably wind up paying program fees to both states. Taking the school will likely be a whole lot faster than attacking the conviction. In some state you would still lose your license even if you won the criminal case, so it may not get your license back anyway. Take the program. You can still hire an attorney to fight the conviction if you want to fight it.
Wayne R. Foote, Esq.
Board Certified OUI Defense Law Specialist
by the National College for DUI Defense, Inc.
Law Offices of Wayne R. Foote, PA
344 Mt. Hope Ave
Bangor, ME 04401
(207) 990-5858 (fax)
"Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
If you entered into a plea agreement, you waived your right to appeal the conviction itself, as well as any sentence within the terms of the plea agreement. You MAY still have a basis for post-conviction relief, if there was some sort of flaw in the proceedings. Although a person may file a PCR petition on his own, you are advised to consult an experienced Indiana defense attorney to review your case.
Requesting, receiving, or accessing general information on Avvo or other web sites does not create an attorney client relationship. If you have specific questions on which you wish to receive legal advice from Paul Stanko, you may contact him by telephone (888-778-2656), email (email@example.com), or you may go to his web site: www.indianalaw.to. Paul Stanko is licensed to practice in Indiana only.
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