Criminal Defense
Serving Montgomery County and the Surrounding Areas
765-362-8168
Serving Montgomery County and the Surrounding Areas
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Criminal Defense

Pre-Trial Diversion
Do You Need a Lawyer if You're Asked by the Police to Come to Talk to Them?
Lie Detector (Polygraph) Tests
Operating While Intoxicated
Even if You Tested .08 or Above, There can be Other Defenses
Expungements of Convictions and Arrests
Attorney Fees
If you are innocent, you probably need a lawyer. If you've been arrested and formal charges are filed with the court, it is not normal for the police or the prosecutor to do any further investigation of the facts, or give you the benefit of the doubt, without a lawyer representing you. 

One of my favorite type of cases to handle, is to defend someone who is wrongfully accused of a crime. I never tell clients to plead guilty to a charge of which they are innocent, unless they were in fact guilty of something more serious, which is being dismissed. I enjoy taking a case all the way to a jury. From attempted murder, to drug charges, to accusations of child molestation, to drunk driving, battery, and about every other criminal charge, I have probably had more successful criminal defense jury verdicts in my career that any active lawyer in Montgomery County. Trials can be very expensive, but when you compare the short term costs and the long term impact of a criminal conviction, you should not reject the idea of fully defending yourself. I know how to get a jury to agree that if the prosecutor can't prove you guilty beyond all reasonable doubts, then the jury has to find you not guilty. 

Usually the first part of the job as a defense lawyer is to obtain copies of all evidence against you from the prosecutor, for our review. Any defenses you have, or errors by the police, will be fully discussed with you and used to your advantage when negotiating with the prosecutor. 

I am fully aware that many people, including the police, don't always tell the truth. I also know police can go on power trips sometimes, and the reports they type up are made after they've decided to arrest you. And being in the wrong place at the wrong time can cause people to assume things that aren't true. 

But if your real goal is to hire an attorney to get you the best possible deal, my 35 years of going to trial is an asset in getting favorable plea agreements. 

If you're guilty, I can usually negotiate a plea agreement and prepare you for a sentencing hearing so that you get a lighter punishment than what you may get "by throwing yourself on the mercy of the court" on your own. With the volume of criminal cases most judges handle, people  without lawyers sometimes bear the brunt of a judge's bad mood; sometimes because a defendant says something a lawyer would make sure was not said, or because you don't say something a lawyer would prepare you to say to a judge.

While some people do things that deserve and require incarceration, I certainly believe that time spent in jail or prison is used too frequently, and provides little actual benefit to the victim, society, or to the defendant. Therefore, it is easy and honest for me to seriously argue that probation, treatment, house arrest and options other than imprisonment, are appropriate sentences for those who are in violation of many criminal laws. 

It is not unusual for the police and prosecutor to charge you with as many offenses as they can imagine. A plea agreement can usually get all but 1 or 2 charges dropped. Without an attorney the prosecutor usually does not negotiate very liberally. Consequently, the fines and costs you save getting some of the additional charges dropped can many times constitute a significant percentage of my retainer, essentially lowering the net cost of my representation.

Pre-Trial Diversion

If you have no prior convictions, on less serious charges, pre-trial diversion is possible. Pre-trial diversion is a 6 or 12-month informal probation that results in a dismissal of all charges if you successfully complete whatever is required of you (i.e. community service, counseling, fees, don't get arrested, etc.).

Do You Need a Lawyer if You're Asked by the Police to Come to Talk to Them?

The official "Miranda" warning includes "everything you say, can and will be used against you", which, after reading that to you, the policeman usually follows with something like "but if you'll just be honest and tell me everything, I will do what I can to get the prosecutor to go easy on you". This second part is insincere 90% of the time. You don't always need an attorney if you are going to be questioned by the police, but I promise you, everything you say "can and will be used against you".

A quick conversation with an attorney will usually clarify if you need assistance, or if your best option is not to discuss anything with the police at all. Many times if you're being questioned it is because the police don't have enough evidence to charge you, and their goal is to get you to say something that will incriminate you, giving a further basis to arrest you. 

If you know you are 100% innocent and do not believe you are a suspect, but only a witness, or mistakenly identified, you probably do not need a lawyer, but a 5-minute call to an attorney will probably help you think through your risk. 

Lie Detector (Polygraph) Tests

Polygraphs should not be taken without being aware of the imperfections of the machine (many articles are on the internet), as well as knowing who is giving the test and exactly what questions are going to be asked. It is certainly permissible, and usually recommended that you take a private polygraph before you submit to one by a police official. It is not unusual for a police polygrapher to turn the session into a pressing interrogation, trying to force you to "confess". Because those taking a polygraph are usually suspected of committing a crime, they are generally very nervous. If you are not prepared for the test (practice, understanding the situation and motivations) and manage your nervousness, it will sink you. Polygraph results are not admissible in court (for good reasons), unless a written agreement stipulating to its admissibility is signed by you and the prosecutor (not a police officer) before you take the test. 

Operating While Intoxicated

If you tested .08, or .09, you should give serious consideration to defending yourself as totally innocent (unless you had a wreck or some egregious indication of impairment). There is a generally accepted  15% margin or error in the breath test used at the jail. There are potential arguments of 25%, 50%, 100% margin of error, but getting a jury to believe these margins apply to your case can be difficult. The portable breath test is not admissible.If you can convince the judge that the policeman had no "probable cause" to pull you over, or suspect you of any traffic or criminal violations, you can win your case by suppressing the evidence that comes from an illegal stop. If you have non-police witnesses that can back up how little you had to drink, or how you drove can be helpful. Police videos can greatly hurt or help your case. 

Even if You Tested .08 or Above, There can be Other Defenses, Such as:

  • You were not driving the vehicle.
  • Determine if the arresting officer had probable cause to initially stop, detain, or arrest you.
  • Determine if the appropriate protocols were followed by the arresting officer when determining level of intoxication.
  • Challenge how the equipment was used that determined intoxication level, care and maintenance issues, procedures, etc.
  • Pursue any potential officer bias that might lead the officer to unfairly apply the law. 
  • There can be other points to focus on, based on the specifics of your case. 

If you plan to plead guilty, depending on prior arrest or other circumstances, the penalties will vary depending on the charge (misdemeanor or felony). Fines can range from $100 to $10,000, imprisonment up to 8 years and license suspensions of at least 60 days to 2 years. You may be eligible for a specialized driving privileges license that allows you to drive back and forth to work and other permitted driving. 

First time offenses, with no wrecks or insults to the police, usually serve no time in jail (once bonded out), but will be on probation for 6 months to a year, under terms of successfully completing alcohol/drug classes, and being subject to drug screens, and no possession or consumption of any non-prescribed drugs or alcohol. First time OWI conviction has a minimum license suspension of 60 days. Your receipt to drive will be taken from you at the initial hearing, and you won't be allowed to drive as of midnight that night, until you are either found not guilty, plead guilty, charges are dismissed, or 180 days, whichever occurs earliest. Expensive, high risk insurance will usually be required by most insurance companies for 3-5 years after an OWI conviction. Mandatory jail time, house arrest, or community service and license suspension are usually part of repeat convictions. An effective lawyer can often negotiate a reduced penalty. 

Attorney Fees

For misdemeanor OWI's, I usually charge a 4 or 5-hour retainer. For a felony OWI, it's usually a 5 to 10-hour retainer (depending on the details). Because defending an OWI usually requires hiring an expert witness to testify as to the margin of error in the breath test machine, an OWI jury trial will likely cost you between $5,000 - $10,000. I have won a significant majority of the OWI cases I have tried, partially because most people willing to gamble that kind of money have a good chance to win. 

Expungements of Convictions and Arrests

If a misdemeanor conviction is more than 5 years old, or most non-violent felonies that are more than 8 years old, and your sentences ended more than 3 years ago, such convictions can be "expunged", which means employers and non-law enforcement personnel cannot access your records. Arrest records for cases that are dismissed may be expunged immediately. This process usually takes between 2-4 hours of attorney time to complete, depending upon your exact circumstances. 

Attorney Fees

As with most cases, once we talk and I understand your factual and legal situation, and what you want me to do, my standard practice is to quote you a retainer fee based upon my minimum time estimate (times $300/hr), or a larger set fee if that is your preference. If you don't like either option, you got a free consultation and owe me nothing. 
Call 765-362-8168 to Schedule Your Appointment
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