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Gregg J. Stark Indianapolis DUI Attorney Gregg J. Stark Indianapolis DUI Attorney

Alternatives To Mandatory Incarceration

People charged with a dui as well as many lawyers not experienced in this field mistakenly analyze our legal statutes to the harm of one in need of the best legal protection. This is never more the case than in the area of mandatory criminal punishments specified under relevant law. “Executed” jail/prison time mandated for certain dui convictions is, in fact, specified as the required penalty for many drunk driving offenses in this state. However, one being represented by a skilled lawyer will discover that in such circumstances all hope is not lost through the use of alternative methods of custody that will satisfy the mandated jail provisions outlined within the Indiana code.

For example, one facing a felony dui with two prior convictions may be informed that he or she must serve a minimum of six months in jail for the offense. While this technically may be accurate, there are ways around straight incarceration through the use of what is called “community corrections” sentencing. Available in most if not all Indiana counties, community corrections sentencing, if approved, can allow for a mandatory jail sentence to be served in the home (home detention) when not at work or fulfilling probation requirements (counseling, community service, etc.) or through work release. (able to perform the same functions by day as home detention but must sleep in community corrections facility)

Unless sentenced as a condition of probation, such alternative sentencing options would also enable the individual to benefit from “good time credit” just as if the person served his sentence in full custody within a jail or prison. Such credit allows the ordered sentence to be cut in half for good behavior.

There is no joy in securing any punishment for a client in the event a dismissal of all dui charges cannot be secured. However, criminal representation is all about options. Where all hope appears to be lost and a client cannot afford the risk of trial, there are always ways that an experienced dui lawyer can find ways to navigate legal statutes in ways many would not think possible. Further, though many years of experience I have cultivated contacts in many county court systems that allows for me to help facilitate approval for clients before various home detention and or work release centers, whether public or private. Such approval is almost always a precondition of approval for a judge who must later determine such alternative placement’s suitability.

If faced with dui penalty there is no need to decipher your options without experienced counsel leading the way. My job is to help work through any and all issues you may have whether by phone or in person. The first step on the road to recovery is to call me at no charge. I am always here to help.

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