For many people, the Initial Hearing is the first time they appear before a judge after being charged with Operating While Intoxicated (OWI).
The Initial Hearing is an important step in the criminal process, but it is often misunderstood.
Many people believe the Initial Hearing is a trial or a time to resolve the case.
Others believe they must decide whether to plead guilty.
Neither is usually true.
The Initial Hearing is primarily a procedural hearing where the court advises you of your rights, explains the charges, and schedules future court dates.
An Initial Hearing is usually the first court appearance after OWI charges are filed. The judge explains the charges, advises the defendant of important constitutional rights, discusses legal representation, and schedules future court dates. In many misdemeanor cases, an attorney may be able to waive the Initial Hearing so the defendant does not have to appear in person.
An Initial Hearing is the court’s first formal opportunity to address a criminal case after charges have been filed.
During the hearing, the court generally:
Advises the defendant of the charges
Explains constitutional rights
Discusses legal representation
Reviews bond conditions if necessary
Schedules future hearings
If the court has found probable cause of an OWI, your driver’s license will be ordered suspended unless a Notice to Stay the Suspension is filed, Specialized Driving Privileges are ordered, or ignition interlock is ordered in lieu of the suspension.
The Initial Hearing is not a trial, and witnesses do not typically testify.
Although procedures vary somewhat from county to county, Indiana courts generally advise defendants of rights including:
The right to remain silent
The right to an attorney
The right to a jury trial
The right to confront witnesses
The right to subpoena witnesses
The presumption of innocence
Many courts also provide a written Advice of Rights form.
Usually not.
In most OWI cases, a not guilty plea is entered, and the case proceeds to future hearings.
The Initial Hearing is generally not the time to decide whether a case will ultimately be resolved through plea negotiations, dismissal, or trial.
Sometimes.
Many Indiana courts allow attorneys to waive the Initial Hearing in misdemeanor cases.
When permitted, the court may schedule future hearings without requiring the defendant to appear in person.
An attorney can file a request to Stay the License Suspension and Petition for Specialized Driving Privileges.
Whether an Initial Hearing can be waived depends upon:
The type of charge
The court involved
Local court procedures
Whether the defendant is represented by counsel
The next step is usually a Pretrial Conference.
The Pretrial Conference allows:
Exchange of evidence
Negotiations with the prosecutor
Review of chemical test results
Investigation of defenses
Scheduling of future hearings
Depending on the case, there may be additional pretrial hearings before final resolution.
Many people charged with OWI are concerned about their driver’s license.
Indiana law allows courts to grant Specialized Driving Privileges in many situations.
Specialized Driving Privileges may allow a person to continue driving despite a suspension, subject to court-imposed conditions.
The process varies from county to county.
Because license issues often involve deadlines and procedural requirements, it is important to address them as early as possible.
Generally, very little speaking is required from the defendant. You should not discuss the facts of your case. However, you will be required to confirm your address, phone number, and email address.
It is important to hire an attorney as soon as possible. It’s valuable to hire an attorney before the Initial Hearing because important issues involving license suspensions, court appearances, and procedural deadlines may arise shortly after charges are filed.
Usually not.
The Initial Hearing is generally the beginning of the court process rather than the end of it.
What Happens at an OWI Initial Hearing in Tippecanoe County?
You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.
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