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Overview

About Paul Stanko

South Bend Mishawaka Elkhart Goshen lawyer and Crown Point Merrillville Hammond Hobart attorney Paul Stanko is an Indiana DUI (Driving Under the Influence), Indiana DWI (Driving While Intoxicated), Indiana OWI (Operating While Intoxicated), Indiana OUI (Operating Under the Influence), Indiana BWI (Boating While Intoxicated), Indiana BUI (Boating Under the Influence), Indiana drunk boating and Indiana drunk driving defense lawyer and Indiana criminal defense attorney serving South Bend, Mishawaka, Notre Dame, Elkhart, Goshen, Nappanee, La Porte, Michigan City, Westville, Warsaw, Plymouth, Culver, Rochester, Peru, Kokomo, Lagrange, St. Joseph County, Elkhart County, La Porte County, Kosciusko County, Marshall County, Fulton County, Miami County, Howard County, Lagrange County, and all of Northern Indiana from offices in South Bend; and serving Crown Point, Merrillville, Hammond, Hobart, Portage, Valparaiso, Chesterton, Rensselaer, Kentland, Monticello, Fowler, Lafayette, West Lafayette, Lake County, Porter County, Jasper County, Newton County, White County, Benton County, Tippecanoe County, and all of Northwest Indiana from offices in Crown Point.

Paul Stanko has a truly state-wide drunk driving defense practice and has defended hundreds of drunk driving cases in most of Indiana's 92 counties, including Northern, Northwest, Northeast, Central, West Central, East Central, and Southern Indiana. He accepts a limited number of cases in Southern Indiana, including the Evansville area (Vanderburgh, Posey, Warrick and Gibson Counties, Evansville, Mt. Vernon, Boonville and Princeton) and Cincinnati suburbs (Dearborn and Ohio Counties, Lawrenceburg and Rising Sun). He also accepts a limited number of cases in West Central Indiana (Vigo County, Terre Haute area, Knox County, Vincennes) and East Central Indiana (Wayne County, Richmond area). In reality, after over 30 years of handling Indiana drunk driving cases, Paul Stanko is willing to consider accepting ANY drunk driving case ANYWHERE in Indiana, no matter how far, how serious, or how complicated, on a case by case basis. Since he devotes his personal attention to every case and NEVER uses Associates or Paralegals to deal with clients, he will not accept more cases than he can handle PERSONALLY.

Indiana DUI DWI OWI OUI BWI BUI drunk boating and drunk driving attorney and criminal defense lawyer Paul Stanko tried and won his first OWI (Operating While Intoxicated) cases as a 23 year-old prosecutor in January 1979. Having completed both college and law school in only 5 and a half years, he was probably both the youngest attorney and youngest prosecutor in Indiana at the time. That same year he successfully tried and won his first serious felony cases. He has practiced criminal law ever since, as a prosecutor, a Superior Court Judge, and now a DUI DWI OWI OUI BWI drunk driving defense lawyer and criminal defense attorney. His over 30 years of courtroom experience in criminal law and familiarity with Indiana's criminal justice system, constitutional rights, law enforcement tactics, forensic evidence and crime scene investigation, search and seizure, ballistics and firearms, field sobriety tests and BMV procedures is at your disposal and only a Toll-Free call away. He has extensive experience in drunk driving and drunk boating cases as a prosecutor, defense attorney, and judge, giving him a unique perspective and understanding of all aspects of the investigation, prosecution, and defense of impaired driving and impaired boating cases.

In terms of firearms knowledge, Paul Stanko has been shooting handguns and rifles since the age of 10 and has extensive practical knowledge of such subjects as terminal ballistics, wound ballistics, and forensic pathology, essential to the defense of homicide and other violent crimes.

As a committed civil libertarian, Paul Stanko is pleased to defend persons charged with drug crimes in the ill-conceived and counter-productive "War on Drugs". Drug cases are taken on a case-by-case and time available basis. Paul Stanko is a proud member of NORML.

Every day, the career politicians, government bureaucrats, over zealous law enforcement, and special interests like MADD (Mothers Against Drunk Driving) and the insurance lobby work to erode your rights, invade your privacy, and intrude on your freedoms. You need an experienced, skilled advocate to defend your rights, protect your privacy, and insure your freedom, because nobody else will.

Indiana counties served by Paul Stanko include St. Joseph County (South Bend, Mishawaka, Granger, Lakeville, New Carlisle, North Liberty, Notre Dame, Osceola, Walkerton, Wyatt), Elkhart County (Bristol, Elkhart, Goshen, Middlebury, Millersburg, Nappanee, New Paris, Wakarusa), La Porte County LaPorte County (La Porte, LaPorte, Michigan City, Westville), Hamilton County (Noblesville, Carmel, Fishers, Arcadia, Atlanta, Cicero, Sheridan, Westfield), Marshall County (Plymouth, Argos, Bourbon, Bremen, Culver, Donaldson, Lapaz, Tippecanoe, Tyner), Lagrange County (Lagrange), Lake County (Crown Point, East Chicago, Gary, Hammond, Hobart, Lake Station, Whiting, Merrillville, Schererville, Lowell, Cedar Lake, Dyer, Griffith, Leroy, Munster, St John, Schneider, Shelby), Porter County (Valparaiso, Portage, Chesterton, Beverly Shores, Boone Grove, Hebron, Kouts, Ogden Dunes, Porter, Wheeler), Jasper County (Rensselaer, Demotte, Fair Oaks, Remington, Tefft, Wheatfield), Newton County (Kentland), White County (Monticello), Fulton County (Rochester), Starke County (Knox, North Judson), Howard County (Kokomo), Miami County (Peru), Cass County (Logansport), Carroll County (Delphi), Clinton County (Frankfort), Grant County (Marion), Wabash County (Wabash), Kosciusko County (Warsaw), Ripley County (Versailles), Decatur County (Greensburg), Dearborn County (Lawrenceburg, Aurora), Ohio County (Rising Sun), Pulaski County (Winamac), Vanderburgh County (Evansville), Warrick County (Boonville), Posey County (Mt. Vernon), Gibson County (Princeton), Vigo County (Terre Haute), and Wayne County (Richmond).

Paul Stanko is also an experienced appellate attorney, handling dozens of appeals in the Indiana Supreme Court and Court of Appeals.

Serious felony (Murder, Homicide, Drug Dealing and Possession, etc.) and DUI cases in other counties throughout Northern Indiana, Northwest Indiana, Central Indiana, and the rest of the State of Indiana are also accepted on a case by case basis. Call toll-free for a FREE CONSULTATION.

Practice Areas
Professional Experience
ExperienceYears
Attorney in Private Practice, Law Offices of Paul Stanko1992-Current
Practice concentrated in the defense of those accused of crimes, at the trial and appellate levels.
Appellate Attorney, Superior Court of Lake County, Appellate Division2001-2009
Responsible for dozens of appeals in the Indiana Court of Appeals and Supreme Court
Presiding Judge, Superior Court of Lake County, Indiana1985-1992
Presided over criminal and civil cases in one of Indiana's busiest courts.
Attorney in Private Practice, Law Offices of Paul Stanko1981-1985
General trial and appellate practice.
Deputy Prosecuting Attorney, Lake County, Indiana Prosecuting Attorney1980-1981
Successfully prosecuted hundreds of criminal cases including serious felonies.
Chief Deputy Prosecuting Attorney, Starke County, Indiana Prosecuting Attorney1979-1980
Successfully prosecuted all types of criminal and juvenile cases.
Education
SchoolFocusDegreeYear
University of Nevada-RenoJudicial Education1992
Details: Attended and successfully completed numerous courses offered by the National Judicial College at the University of Nevada-Reno.
Valparaiso UniversityLawJ.D1978
Honors: Tribune, Rentner Senate, the Delta Theta Phi Law Fraternity
Activities: Delta Theta Phi Law Fraternity; Radio (WVUR-FM disk jockey and newscaster); Intramural football
Duquesne UniversityHistory Major; Speech & Communications MinorB.A.1976
Honors: Duquesne University Academic Scholarship; Duquesne University Outstanding Senior Award; Debate Outstanding Senior Award; Alpha Phi Omega Outstanding Senior Award; Inducted into Phi Alpha Theta International Honorary Society in History
Activities: Student Judicial System (Judge-1 term); Student Government Association (Senator-three terms; Chairman of Appropriations, Constitution, Rules, and Parking Committees); Duquesne University Debating Society (Vice-President; Varsity Debater); Phi Alpha Theta International History Honorary Society; Alpha Phi Omega National service Fraternity; Intramural football; Radio (WDUQ-FM)
Professional Affiliations
PositionYears
Member, National Association of Criminal Defense LawyersCurrent
Member, St. Joseph County Bar AssociationCurrent
Member, South Bend Chamber of Commerce2011-Current
Governor (2009-2012), American Judges Association1985-Current
Activities: Elected to Board of Governors in 2009. Membership Committee. Conference Site Committee
Admitted to practice in January 1979, Indiana State Bar1979-Current

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Legal Answers

Questions Answered by Paul Stanko - Justia Legal Answers
  • Q: In the state of indiana can you be charged with a probation violation before being found guilty of the new charges?
    A: Yes. You are entitled to an evidentiary hearing as to whether you violated probation.
  • Q: Is withholding or destruction of potentially exculpatory evidence grounds for dismissal of charges?
    A: You are referring to a Brady violation. Sanctions may be imposed by the court for serious Brady violations. Theoretically that could include suppression of evidence possessed by the State, or even dismissal in an extreme case. An attorney would need to convince the court that the destroyed evidence prevented the defendant from presenting a viable defense, thus violating his right to a fair trial.
  • Q: Are there any conditions under which an accepted plea bargain can be vacated or dismissed in favor of aquittal
    A: A plea agreement, once accepted, is binding upon all parties, like a contract. Just like a contract, there may be reasons for it to be set aside. Examples would be if it was based upon a mistake in fact or fraud or misrepresentation by one of the parties. This is unusual, but not unheard of.
  • Q: MY FIANCE WAS ORDERED TO HAVE A CAVITY SEARCH IN JAIL , IS IT LEGAL.
    A: Highest security concerns in prisons and jails have led the US Supreme Court to justify body cavity searches as reasonable .
  • Q: After arraignment how long can the state hold you in jail, waiting on preliminary hearings?
    A: If an arraignment has been held (I assume you mean Initial Hearing ), then I assume charges have been filed. Criminal Rule 4 sets certain speedy trial requirements. The general requirement is trial within 1 year; within 180 days if the person is in custody; and within 70 days of a speedy trial demand if the person is in custody. If you are in custody, you should have a lawyer with whom you should discuss your specific situation.
  • Q: Would it be legal to give a cop the middle finger?
    A: Yes. Giving anybody the finger, while arguably crude, is protected expression under the First Amendment of the U.S. Constitution.
  • Q: Do i need a lawyer if charged with forgery?
    A: Forgery is a felony. Any person accused of a crime should always seek representation by a competent criminal defense lawyer. If you cannot afford to pay an attorney, you should still ask the court to appoint a public defender to represent you.
  • Q: How can I be charged with an OWI for having prescribed LEGAL medication in my system while driving?
    A: If you have a valid prescription for the controlled substance found in your body, then you have a defense against the so-called per se violation. See IC 9-30-5-1(c) and (d): (c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body commits a Class C misdemeanor. (d) It is a defense to subsection (c) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1) who acted in the course of the practitioner's professional practice. This would be an affirmative defense which should be brought to the attention of the prosecutor.
  • Q: Where can I find out the actual law on the washout period when it comes to drunk driving? This is for the state of IN
    A: The Operating While Intoxicated statutes are found at Indiana Code 9-30-5. A misdemeanor charge of Operating While Intoxicated (or the per se violation of operating over the limit) can be enhanced to a felony if the person has a prior conviction of OWI within five years of the instant offense. Here is the pertinent part of that statute: IC 9-30-5-3 Class D felony; previous convictions; passenger less than 18 years of age Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Class D felony if: (1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter;

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