Overview of an OWI Criminal Case

Initial Hearing

Historically, this hearing was your ‘arraignment’. At a first hearing, you should expect:

  1. A copy of the charges filed.
  2. A written or an oral advisement of your constitutional rights.
  3. Entry of a plea: ‘Not Guilty’.
  4. Scheduling of other court dates.

Pre-Trial Conference

A misnomer, there is no ‘trial’ at the pre-trial. Do not be alarmed or worried, this is a simple hearing designed for organization and scheduling. You should expect

  1. A first plea bargain offer by the State of Indiana or Government.
  2. Court verification of ‘discovery’, i.e. an exchange by the parties of witness & exhibits lists, copies of photos, videos, diagrams, or the opportunity to view evidentiary items.
  3. Further scheduling by the Court of legal motions to be filed, jury trial dates and further pre-trial conferences if necessary.

Depositions

Depositions can be a real key to success in your case. A deposition is a legal process whereby a witness is required to make an appearance before a trial and give testimony under oath. For purposes of your case, this does 3 important things:

  1. It allows your attorney to test and clarify the strength of the State’s case by asking questions of the witnesses against you.
  2. It “locks” in the testimony of the particular witness so that any changes or different testimony at another time can be used to attack the witness.
  3. It acts as a mini-trial preview and can lead to a better settlement.

Jury Trial

The trial by jury is the cornerstone of our American Judicial System. Studies show that juries find people ‘NOT GUILTY’ about 20% more often than judges. Jury trials take time and patience and require a large investment of society resources including time from the Court, the prosecutor, and citizens who make up the jury. At the jury trial, you should expect:

  1. Voir Dire or jury selection-the parties select who will hear the case.
  2. Opening Statements-a preview to the selected jury of what the case will entail.
  3. Witnesses called first by the State and then the defense to present both sides of the story along with exhibits in some cases.
  4. Closing Arguments-your lawyer attempts to persuade the jury to your side.
  5. Deliberations-the jury retires to the jury room, selects a foreperson, and discusses the case with an eye toward a verdict.
  6. Verdict-Typically ‘Guilty’ or ‘Not Guilty’, in some cases there is a ‘hung jury’ – a jury that could not decide.

Post Conviction or Appeal

If you have pled guilty or been convicted by jury, and, there is a mistake in either the facts, the law, or in the performance of the judge, the prosecutor, or your attorney, then a petition for Appeal or post-conviction relief can challenge these mistakes and in some cases, get you a new trial, or reverse an erroneous conviction.