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MIAMILAW1127, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I have a dui resulting in death from 2009 in 2013 I was on

Customer Question

I have a dui resulting in death from 2009 in 2013 I was on probation and was being charge with a new dui I have took this case to trial twice now I had a hung jury the first time and the second was a mistrial because a juror looked my history up on courtview the prosecutor is going to drop the charges if I admit to a ptr for drinking . If I don't except can they use the trial and case information against me for the ptr because that's all they have for the ptr against me
Submitted: 1 year ago.
Category: Criminal Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The short answer is that if you don't take the PTR, the state can bring the charges against you all over again and start a trial all over again. Your best bet probably is to take the PTR.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 1 year ago.
Can they use trial testimony if case is dismissed for a ptr
Expert:  MIAMILAW1127 replied 1 year ago.

They cannot.

Expert:  MIAMILAW1127 replied 1 year ago.

Do you have any other questions for me? If not please rate my response at your earliest convenience.

Customer: replied 1 year ago.
What about any evidence in the case ? They are willing to drop the new charges if I except the ptr for admitting I was drinking Iam not worried about going back to trial again . I just want to make sure that if they drop the charges they can't use anything in that case for the ptr ?
Expert:  MIAMILAW1127 replied 1 year ago.

If you do PTR and the case is dismissed, then it is totally over and you no longer have to worry about the case. Nothing from the case can be used against you.

Customer: replied 1 year ago.
Does that include Indiana that the prosecution can't use anything from a dismissed case ?
Expert:  MIAMILAW1127 replied 1 year ago.

That is correct.

Customer: replied 1 year ago.
Iam reading some more on legal zoom they are saying that even if the new charges get dismissed the judge could still look at police reports to determine his verdict is this true for Indiana ?
Expert:  MIAMILAW1127 replied 1 year ago.

There will not be a verdict if you agree to participate in PTR because they will be dropping the case and the case will be over.

Expert:  MIAMILAW1127 replied 1 year ago.

Basically, the state has to prosecute the charges. If the state agrees to drop the charges, the case is over and the judge cannot do anything about that.