COMMONLY ASKED QUESTIONS

These are a few of the common questions I am asked as a criminal defense attorney.  The answers provided below are not meant to constitute legal advice, and these answers may change based on different circumstances or a change in the law.  Therefore, you should always seek advice from an experienced attorney.

What is the difference between Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES)?

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When a person pleads guilty to a criminal offense, sometimes the person will receive probation.  There are two kinds of probation possibilities: the Suspended Imposition of Sentence (SIS) and the Suspended Execution of Sentence (SES).  If the person receives the SIS, this means if he or she completes probation successfully, then the person will not have a conviction for most purposes, the case WILL NOT be available to the general public, and the person will actually be able to answer "NO" when asked about past criminal convictions on an employment application.  However, this does not mean that the case is not on your record.  It will remain a part of your criminal record for life, so police and prosecutors will be able to pull your record if you get into trouble again.  If the person receives the SES, then regardless of whether the person completes probation successfully, this will be on the person's criminal record for life and be available to the general public.

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The police are wanting to question me about an incident and I am innocent and have nothing to hide.  Should I speak with them?

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ABSOLUTELY NOT!!  You should never speak to the police without an attorney present whether or not you have anything to hide.  The reason for this is because you will not likely have had time to digest everything that is important in your case and you will likely leave out an important detail or details when speaking to the police.  The police will not help you fill in missing details.  If your case goes to trial, and you add a detail that was not included in your original statement, the prosecution will point this out to the jury as a prior inconsistent statement and try to discredit you.  Therefore, you should always speak to an attorney first. 

I went to court for DWI and I was either found not guilty, my case was dismissed, or I received an SIS disposition.  Why is my license still suspended?  

Assuming there are no other reasons for your license to be suspended, this is because your license was suspended administratively by the Department of Revenue, and you must follow their steps to get your license back.  This will probably include the requirement to complete a Substance Abuse Traffic Offender Program (SATOP), as well as pay a reinstatement fee.  

I have been arrested for DWI and I have been issued a temporary license for 15 days before I am suspended.  I can't be suspended.  I will lose my job.  What do I do? 

There will be instructions on your temporary license regarding how to file an appeal regarding your suspension.  You have 15 days to file your appeal.  The suspension will be stayed pending the outcome of your appeal.  You should speak with an experienced attorney who knows how to handle this portion of the case for you as well as the criminal case.