Monticello, IN Criminal Attorneys: Local Rules Set Defense Deadlines
Monticello, IN Criminal Attorneys: Local Rules Set Defense Deadlines
If you are arrested in Monticello, Indiana you need a criminal attorney with experience defending cases in White County. White County has local rules of Criminal Procedure that require the timely filing of defenses and discovery. If you are seeking a Monticello, Indiana criminal attorney, call Gibson Law Office for a free consultation today. Located in nearby Lafayette, our criminal attorneys have significant experience defending cases in White County.
White County Criminal Defense: Initial Hearing and Pre-Trial Conference
All criminal cases in White County are filed in the Superior Court, with the exception of juvenile delinquency charges. At the initial hearing, the Judge will schedule an omnibus date and Pre-Trial Conference. Per local rules, the Pre-Trial Conference is deadline for a defendant to file any motion to suppress evidence, motion to dismiss, or notice of affirmative defenses. If this deadline is not met, any such defenses are deemed waived. This is also the deadline to file a witness list.
Examples of notices and pleadings that must be filed by the Pre-Trial Conference include:
DUI Defenses. Police must have a legal reason to pull you over to initiate a DUI traffic stop. If you were not speeding or committing some other traffic infraction, it may have been illegal to pull you over. To challenge a DUI traffic stop, a motion to suppress evidence must be filed by the Pre-Trial Conference or it’s waived.
Marijuana and Controlled Substance Charges. Many drug arrests result from the police searching your person, car, or home. However, police must have a search warrant based on probable cause, to legally conduct a search. There are certain exceptions to the warrant requirement, including if you consent to a search. However, if you are in custody, you must be advised of your right to an attorney before giving consent to search. Otherwise, the consent is not voluntary. If you are arrested in White County for possession or marijuana, MDMA, cocaine, heroin, or any controlled substance, you should contact a criminal defense attorney with experience defending cases in Monticello. If an illegal search took place, a motion to suppress evidence must be filed by the Pre-Trial Conference.
Battery. If you are charged with battery but acted in self-defense or because you were provoked by the other party, you may have a viable defense to the charges. However, in White County, you must file a notice of intent to introduce evidence of self-defense no later than the Pre-Trial Conference.
Plea Agreements in White County, Indiana Criminal Cases
A Final Pre-trial Conference will also be scheduled, which serves as the plea agreement deadline. If a plea agreement is not reached and entered by the Final Pre-Trial Conference, no agreements will be accepted unless approved for good cause by the court. Because of this strict deadline, it is important to obtain an attorney immediately.
Monticello, IN Criminal Attorneys – Knowing Local Procedure Matters
If you are in need of a Monticello, Indiana criminal defense attorney, call Gibson Law Office for a free consultation. We only handle criminal cases and expunging criminal records. Our office is conveniently located in Lafayette and we regularly handle cases in White County. If you are charged with a crime, you need a criminal attorney who can strategically defend you while complying with the local rules.
