Legal Question in Criminal Law in Indiana

Re: dwi and htv

Yours is a very difficult situation. It would appear from the limited facts which you have given that you are facing mutiple felonies with previous convictions. While a complete review of the cases and past criminal history would be required, you would also be certain to serve some executed time if convicted. Each "D" felony carries with it a minimum of 6 mos. The presumptive is 1 1/2 years with an addtional 1 1/2 yrs for aggravating factors. Keep in mind that if convicted on each case, the sentences could run together or back to back. You may also be facing a life time suspension of your drivers license. However, there may be alternatives and certainly each case would need to be examined to make some strategic determinations. Consider retaining a private attorney at once. The sooner the better. Given what you have identified as being at stake, this may be the best investment you've ever made in your life. If you wish, you may contact my office at (317)686-0000 or e-mail at [email protected] for a further detailed discussion about this.

Re: dwi and htv

You asked worst and best case, so here goes: Worst case is since you were charged with violations on different dates, the sentences could be run consecutively, and if you were out on bond in arrest #1 at the time of arrest #2, by law they must be consecutive. The maximum sentence for a Class D felony is 3 years. There's also the possibility that multiple felony charges from the same date can be sentenced consecutively, at the judge's discretion. As far as license suspension is concerned, a conviction of HTV as a felony carries a lifetime license suspension.

Best case scenario is a minimum sentence of 6 months on the felonies, although sentences can also be suspended. Assuming you have at least two prior OWI convictions, the sentence on each of the OWI felonies is NON-SUSPENDIBLE below 6 months, which probably means that you will serve at least a full year.

There are a lot of factors involved, so I encourage you to email me with your telephone number so I can you back and discuss it further. There is no charge for the initial consultation.