Welcome.
My name is Magistrate Michael Douglass.
You are here today for a hearing called an "Initial Hearing."
The purpose of an initial hearing is to formally inform you of the charges against you and their potential
penalties, to explain your rights and to discuss other important matters.
If you have any questions about your rights or penalties as stated in this video you should ask them at the
conclusion of the video when you appear before the judge or magistrate.
Because you have been charged with a criminal offense, it is important that you understand the rights available
to you throughout the legal process.
I will now "explain" those rights to you.
You have a right to a public and speedy trial by jury.
If you're charged with a felony the court will automatically set your case for a jury trial to take place at a
later date.
If you are charged with a misdemeanor, you must make a written request stating that you want a jury trial
and file that written request with the court not later than 10 days before your first trial date or else
you waive and give up your right to a jury trial.
If you are charged with a misdemeanor only and you do not make a written request for a jury trial, a
judge or magistrate will then decide your case if there is a trial.
You have the right to compel witnesses to appear and testify on your behalf at any trial or hearing.
You have a right to see, hear, face, confront and cross-examine any witnesses and evidence presented
against you.
You cannot be required to testify against yourself.
And, anything you choose to say can and may be used against you at a trial.
Additionally, the state of Indiana has the burden of proving beyond a reasonable doubt that you committed
any offense charged before you can be convicted of that offense.
You have a right to be represented by an attorney at all stages of your case.
If you cannot afford an attorney now or at any later time, the court will appoint an attorney to represent
you.
You will likely be asked some questions by the judge and/or be required to complete a statement under oath
concerning your finances to determine if you qualify as indigent in order to have an attorney appointed
for you at no cost to you.
If you intend to hire your own attorney, you should do so within 10 days if you are charged with a misdemeanor
or within 20 days if you were charged with a felony.
There are deadlines for the filing of certain defense motions and the raising of legal issues that will
be waived if those deadlines are missed.
You should obtain an attorney promptly so that any motion can be filed within the time limits.
Now let's discuss the potential consequences you are facing if you are convicted.
The penalties you may face depend on the class of misdemeanor or level of felony with which you are
charged.
For a Class C misdemeanor, the possible penalties include 0 to 60 days in jail and a fine of up to 500
dollars.
For a Class B misdemeanor, the range is 0 to 180 days in jail and a fine of up to 1,000 dollars.
For a Class A misdemeanor, the range is 0 to 365 days in jail and a fine of up to 5,000 dollars.
For a level six felony, the possible penalties are six months to two and a half years in prison and a
fine up to $10,000.
The advisory sentence, is one year.
In some circumstances, the court may enter judgment and impose a sentence as a class A misdemeanor unless
you have committed a prior unrelated felony for which judgment was entered as a conviction of a class A
misdemeanor and the prior felony was committed less than three years before the second felony was committed.
For a level five felony, the possible penalties are one year to six years in prison and a fine up to $10,000.
The advisory sentence is three years in prison.
For a level four felony, the possible penalties are two to twelve years in prison and a fine up to $10,000.
The advisory sentence is 6 years in prison.
For a level three felony, the possible penalties are three to sixteen years in prison and a fine up to
$10,000.
The advisory sentence is nine years in prison.
For a level two felony, the possible penalties are ten to thirty years in prison and a fine up to $10,000.
The advisory sentence is 17 and a half years in prison.
For a level one felony, other than for a level one felony child molesting charge, the possible penalties
are twenty to forty years in prison and a fine up to $10,000.
The advisory sentence is thirty years for a level one felony other than for the crime of child molest.
For the crime of child molesting as a level one felony, the possible penalties are 20 to 50 years in prison
with an advisory sentence of 30 years and a maximum possible fine of $10,000.
This sentencing range applies when the alleged victim was under 14 years of age at the time of the offense,
and one of the following is proven beyond a reasonable doubt:
(1) The offense was committed by a person who is at least 21 years old, or
(2) The offense resulted in serious bodily injury.
For the crime of murder, the sentencing range is 45 to 65 years in prison, with an advisory sentence of
55 years.
In addition, the court may impose a fine of up to $10,000.
There are additional penalties that may be imposed by the court depending on your circumstances or the
charges filed against you.
If you are convicted of a charge involving operating a vehicle or motorboat while intoxicated or convicted
of a crime relating to a motor vehicle, your driving privileges may be suspended for a period not to exceed
the maximum sentence allowed for the offense.
Let's go over some of the potential consequences if you are charged with or convicted of a domestic violence
offense.
If you are convicted of domestic battery, or a crime involving domestic violence, you will lose the right
to possess a firearm.
Possessing a firearm after your right to do so has been revoked may result in separate criminal charges.
Parenting time with minor children may be restricted and there may be other penalties which are applicable
and should be discussed with an attorney.
If you are charged as a habitual vehicular substance offender, you should be advised that this is not an
additional charge but it is a sentencing enhancement.
If you are convicted of an operating while intoxicated charge filed against you and you are found to be a
habitual vehicular substance offender, you will be sentenced for the operating while intoxicated charge
and the court will add time to your sentence for being a habitual vehicular substance offender.
The additional time will be between one and eight years.
If you are charged as a habitual offender you should be advised that this is not an additional charge but
it is a sentencing enhancement.
If you are convicted of a felony charge filed against you and you were found to be a habitual offender,
you will be sentenced for the felony charge and the court will add time to your sentence for being a habitual
offender.
If you are convicted of a level six or level five felony, committed before July 1, 2023, the additional
time will be between two and six years.
If your offense was committed on, or after, July 1, 2023, the additional time will be between three years
and six years.
If you are convicted of a level four, level three, level two or level one felony or murder, committed
before July 1, 2023, the additional time will be between six to twenty years.
If your offense was committed on, or after, July 1, 2023, the additional time will be between eight
years and twenty years.
There may be additional rights or penalties that apply to your case due to your specific charges.
These will be addressed at your initial hearing following this video.
If you are here for an initial hearing on a violation of probation or non-compliance with community corrections,
you should be advised that your rights differ slightly from those that you have heard in this video.
Specifically, you do not have the right to a jury trial.
If you wish to contest the allegations contained in the petition for the violation of probation or the
notice of non-compliance with community corrections, you may do so but your hearing will be in front of
a judge rather than to a jury.
Also, the state must prove the allegations against you only by a preponderance of the evidence, which
is the civil burden of proof.
It is not necessary that the state prove those allegations beyond a reasonable doubt.
You otherwise have all the other rights that were stated in this video, which I will repeat:
You have a right to counsel.
You have the right not to incriminate yourself.
the right to see, hear and cross-examine the witnesses and evidence presented against you.
and
the right to compel witnesses to testify on your behalf.
If you are found to be in violation of your probation or community corrections commitment, the court can
do one of the following: terminate your probation or commitment,
modify the terms of your probation or
extend the term of your probation by up to one year.
The court may also revoke your probation or community corrections commitment and impose all or a portion
of the suspended sentence against you.
Now that you've been advised of your rights and the potential penalties, we'll turn to additional information
that may apply if you are charged with operating a vehicle while intoxicated.
This includes how such a charge could affect your driving privileges and what steps you may be able
to take while your case is pending.
If the court finds probable cause to believe that you operated a vehicle while intoxicated and failed
a chemical test, it will recommend a 180-day suspension of your driver's license.
Even if a 180-day suspension is recommended, in some situations you may have an option to continue driving
under certain conditions.
You may be eligible to request "specialized driving privileges", which allow limited driving—such as to
work, school, or medical appointments—while your case is pending.
If you inform the court today that you plan to file a petition for specialized driving privileges, and
you file that petition, the court will stay—or pause—the suspension of your license for 10 calendar days.
The court will schedule a hearing within 30 days, and the stay will remain in place until the court
rules on your request.
If you do not file a petition within 10 days, or if your request is denied at the hearing, the stay will
be lifted and the 180-day suspension will take effect.
Additionally, you may also request a hearing on specialized driving privileges if you are charged with any other
offense where driving is an element of the offense your license is suspended as a result.
In other situations, different rules may apply particularly if there is an allegation that you refused to take
a chemical test when requested.
If the court finds probable cause that you operated a vehicle or motorboat while intoxicated and refused
a chemical test, the court will recommend a one-year suspension of your driving privileges.
If you have a prior conviction for operating while intoxicated and you refuse a chemical test again,
the court will recommend a two-year suspension.
Generally, if you refuse a chemical test, you are not eligible to ask for specialized driving privileges.
However, In some situations, the court may consider an alternative to suspending your driving privileges.
If the court finds probable cause to believe that you operated a vehicle while intoxicated—whether you
refused a chemical test or failed one—it may recommend that you be prohibited from driving unless your vehicle
is equipped with a certified ignition interlock device.
This option is available even if the affidavit states you refused testing or tested over the legal limit.
If granted, you would be allowed to drive, but only with an ignition interlock device installed and functioning
in your vehicle, as required by law.
Future court dates will be set, and if you are incarcerated, the court will determine whether to release you on
your own recognizance, to a pre-trial release program, or require you to post a bond in order to be released.
The court will inform you of your level of supervision.
You may be required to meet with a representative of a pre-trial release program after your initial
hearing.
The court will also advise you of all the terms and conditions of your release.
If you are charged with murder, it is possible that you will not be granted bail.
If you are released to the pre-trial release program or post a bond, you are subject to conditions set
by the court.
A violation of any condition may result in a revocation of bond or pre-trial release and the issuance of a
warrant for your arrest.
This concludes the advisement of your rights.
If you have any questions, please ask them when you are before the judge.
Thank you.