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St. Joseph County (South Bend) Indiana DUI courts and
procedures © 2008
Paul Stanko. All rights reserved This information about St. Joseph County (South Bend),
Indiana DUI DWI OWI courts and procedures is brought to you as a public service
by Indiana DUI DWI OWI Drunk Driving defense lawyer attorney Paul Stanko Call Toll Free (888) 778-2656 or email indianadui@yahoo.com for a FREE, No Obligation, completely confidential initial consultation concerning your St. Joseph County (South Bend) Indiana DUI case. I. Overview
DUI DWI OWI cases in St. Joseph County are filed in Superior Court
in South Bend, which has jurisdiction over both misdemeanor and felony charges. Misdemeanor
charges are handled by the Traffic and Misdemeanor magistrates in the 1855
Courthouse on Lafayette Boulevard, while felonies are handled by the Superior
Court judges in the St. Joseph County Courthouse on Main Street. II.
Court-specific information For your convenience, contact information
concerning St. Joseph County's DUI courts is presented below: SUPERIOR
COURTS: Mailing
Address: Superior Court County Courthouse 101 S. Main St. South Bend, IN 46601 Court
Administrator: Patricia Y.
Evans Phone: (574) 235-9893 Fax: (574) 245-6601 Judges: Chief Judge John M. Marnocha Phone: (574) 235-9769 Fax: (574) 235-5097 Roland W. Chamblee, Jr. Phone: (574) 235-9051 Fax: (574) 245-6689 David C. Chapleau Phone: (574) 235-9550 Fax: (574) 245-6691 Jerome Frese Phone: (574) 235-9563 Fax: (574) 245-6690 William T. Means Phone: (574) 235-9727 Fax: (574) 245-6692 Jane Woodward Miller Phone: (574) 235-9542 Fax: (574) 245-6688 Michael P. Scopelitis Phone: (574) 235-9591 Fax: (574) 245-6693 Magistrates: Mailing
Address: 1855 Courthouse 112 S. Lafayette South Bend, IN
46601 Richard L. McCormick Phone: (574) 245-6794 Fax: (574) 245-6728 Brian W. Steinke Phone: (574) 245-6796 Fax: (574) 245-6728 III. Case Management, Procedures and Scheduling A.
Initial Hearing. At
your initial hearing, the Judge or Magistrate officially informs you of your
constitutional rights and the charges against you, enters your not guilty plea, orders discovery, and
sets future court dates. You should
never plead guilty at your initial hearing unless you have an attorney with you
and have negotiated an acceptable plea agreement. You
must appear in court for your initial hearing whether you have an attorney or
not. Regardless
whether your case is a misdemeanor or felony, it is wise to obtain DUI counsel
before the initial hearing date. B.
Your constitutional rights. These are your constitutional rights, as provided by
Indiana law (verbatim excerpt from Indiana Code): IC 35-33-7-5 Informing
of accused At the initial hearing of a person, the judicial
officer shall inform him orally or in writing: (1) that he has a right to retain counsel and if he
intends to retain counsel he must do so within: (A) twenty (20) days if the person is charged with a
felony; or (B) ten (10) days if the person is charged only with
one (1) or more misdemeanors; after this initial hearing because there are deadlines
for filing motions and raising defenses, and if those deadlines are missed, the
legal issues and defenses that could have been raised will be waived; (2) that he has a right to assigned counsel at no
expense to him if he is indigent; (3) that he has a right to a speedy trial; (4) of the amount and conditions of bail; (5) of his privilege against self-incrimination; (6) of the nature of the charge against him;
and (7) that a preliminary plea of not guilty is being
entered for him and the preliminary plea of not guilty will become a formal
plea of not guilty: (A) twenty (20) days after the completion of the
initial hearing; or (B) ten (10) days after the completion of the initial
hearing if the person is charged only with one (1) or more misdemeanors; unless the defendant enters a different
plea. In addition, the judge shall direct the prosecuting
attorney to give the defendant or his attorney a copy of any formal felony
charges filed or ready to be filed. The judge shall, upon request of the
defendant, direct the prosecuting attorney to give the defendant or his
attorney a copy of any formal misdemeanor charges filed or ready to be filed. C.
Other Court Dates. If your
case is not resolved at the Initial Hearing, subsequent hearings such as
“record dates” and “pretrial conferences” will be set before any trial
date. It is essential that you have
counsel for any of these subsequent court dates. IV. Following are links to some official sites
for St. Joseph County and its major municipalities: St. Joseph County: http://www.stjosephcountyindiana.com/ St.
Joseph County Courts: http://www.stjosephcountyindiana.com/departments/Courts/index.htm St. Joseph County Prosecutor: City of South Bend: http://www.ci.south-bend.in.us/ City of Mishawaka: http://www.mishawakacity.com/aboutmishawaka.asp Town of Walkerton: |