For a person who is not in position to have his or her dui case dismissed in Johnson County, the potential differences in how probation terms are imposed can be a source of frustration. This is so due to the different sentencing requirements imposed upon a first time dui offender depending upon whether a case has been decided within the Greenwood City Court or the Franklin City Court.
First time misdemeanor cases heard within Johnson County will be heard within either the Franklin or Greenwood town courts. Usually based upon where the dui arrest took place a case will be filed within the applicable arresting jurisdiction.
Although always subject to change in the future, as it presently stands there is often different treatment in the way the subject of probation is treated wholly dependent upon which jurisdictional town court has been assigned the particular dui prosecution in question.
Presently, within the Greenwood City Court, those individuals found guilty of a first time misdemeanor dui offense will be ordered to perform specific rules and conditions of probation terms that must be completed. Failure to perform any and all designated terms negotiated by an attorney and deputy prosecutor will be cause for revocation of what is called a “suspended” sentence.
The suspended sentence refers to the amount of jail time incarceration that will later be made available to the judge should any and all conditions of imposed probation not be performed. For example, a future arrest during the course of a probation, consuming alcohol or drugs, not performing community service requirements, not paying applicable fines and/or fees in a timely manner or not showing up or cooperating with alcohol treatment are just a few of the most common areas for which a violation of one’s probation can be imposed.
More significant to this discussion is the fact that most cases in Greenwood, absent special circumstances, will result in a period of probation for one year, representing the term of the suspended potential incarceration time in the best of circumstances.
In other words, should jail time be avoided, the person found guilty will be placed on probation for a period of one year subject to potential future jail time of one year dependent upon completion of all terms of designated terms of probation.
Unlike Greenwood, at the present time as in years past within Franklin City Court, one found guilty for the same first time owi misdemeanor will not usually be subject to the same rules governing probation as within Greenwood.
For example on many occasions I will be in position to allow for a compliance date to be scheduled with the court governing when fines and court costs must be paid so as to allow for a client to forego the standard and individually specified rules of probation that would be ordered for the same offense in Greenwood.
As an attorney I recognize wholeheartedly the frustration that can occur to one who has found an outcome that may be different not based upon the merits of the case but rather due to the court jurisdiction.
However, one must recognize that whether a case is heard within different courts in the same county or a different Indiana county altogether, your attorney must know the court procedures of the specific court assigned so as to secure the best options for a client who is reliant upon achieving the best outcome possible.