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INITIITAL HEARING
FREQUENTLY ASKED QUESTIONS
Q. What is an initial hearing?
A. It is a hearing conducted mainly to make sure you understand the charges against you, and to make sure you know your rights. You will also be asked if you want a preliminary plea of “guilty” or “not guilty” and you might be offered a plea agreement.
Q. What should I do at the initial hearing?
A. If you are in doubt or want to see the State's evidence or for any other reason, plead “not guilty.” Even if you are guilty, the “not guilty” plea is not a lie. It just says you want to maintain the presumption of innocence for the time being.
Q. If I plead guilty, can I later change my mind?
A. The court can let you withdraw your guilty plea and any plea agreement you might have signed.
Q. Can I get out of going to the initial hearing?
A. Yes. In misdemeanor and D-Felony cases, your attorney can waive the initial hearing for you.
Q. Is the breath alcohol testing machine always right?
A. No.
Q. Can the State use illegally obtained evidence or statements?
A. Not if your lawyer successfully challenges it. It must be challenged. The challenge is usually initiated with a motion to suppress evidence.