QUESTION
How does one go about reversing an indictment?
Asked on Mar 11th, 2013 on DUI/DWI - Michigan
More details to this question:
My daughter was arrested for alleged DUI, her girlfriend was driving and they got into an accident, the friend hit the guardrail they had one dead cell phone. The friend leaves my daughter in car and goes for help, after a while my daughter starts walking to see where her friend The lawyer went or if any help is around. The guardrail was at dangerous spot to be at. The cops stop her for walking, she tells them what happened and instead of taking her to the hospital, they arrest her for driving (6 tickets). The lawyer got a deposition from her friend stating that the drove. The lawyer told me the DA was going to talk to the friend, next thing I hear that my daughter is indicted. What can we do?
4 ANSWERS
Time to hire a lawyer up to the task, a DUI specialist.
Answered on Mar 12th, 2013 at 8:51 PM
3 Awards
Talk to your lawyer - if you do not like the lawyer, then contact me to discuss representation.
Answered on Mar 12th, 2013 at 8:42 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, law enforcement apparently feels as if they have enough evidence to support their charges as does a grand jury (assuming she was charged pursuant to a true-billed indictment on each charge). Given the current status of things (based upon your factual description) it appears that there may be an opportunity to do away with at least some of these charge's at a Preliminary Hearings. There are certainly VERY Time sensitive actions a Defendant can take in these matters in order to better afford themselves all of the protections allowed under the laws of the State of South Carolina in these situations. Do not rely upon this information in taking any action and/or inaction in regards to these matters. Prior to taking any action and/or inaction in regards to these matters, your daughter should consult with a local attorney in person and immediately regarding these matters.
Answered on Mar 12th, 2013 at 8:33 PM
Michael J. Breczinski
Fight the casein this matter and let the jury sort it out. If the friend comes in a testifies then the State is not going to win.
Answered on Mar 12th, 2013 at 8:30 PM