October 2014

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Can I Spank My Child? A Look at Indiana’s Parental Privilege

To Spank? Or, Not to Spank? That is the Question As society becomes more and more politically correct and sensitive, the more and more often we are seeing cases filed against parents for spanking their children for Battery on a Minor as a class-D or Level 6 Felony. Why you might ask? While most people realize that each parent has the right to discipline their own child, be it physically through spanking, etc. or some…

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A Look at Indiana's Purposeful Incarceration Program

Purposeful Incarceration an Alternative to Traditional Incarceration   The whole idea behind prison, accurately called the Department of Corrections, is to get offenders to a point where they will not re-offend.  It has been a challenge for prisons all over the nation.  Too many times an offender enters the prison only to be released and then return some months later. In 2009, Indiana started a new program called Purposeful Incarceration.  The idea was designed to…

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Factors Judges Consider When Sentencing a Defendant in Indiana

A Look at Indiana’s Aggravating & Mitigating Factors When It Comes to Sentencing   Many people know that a judge generally has considerable leeway in imposing a sentence after a person is convicted of a crime.  For example, a sentence for a Level 5 felony can range from 1 to 6 years.  So how do judges come to a sentencing decision in any given case?  Indiana law contains certain aggravating and mitigating circumstances that a…

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A Look at How Criminal Extradition Works in Indiana

Understanding How Extradition Works in Indiana Extradition is a word that is often tossed around by the general public, but all too often, many don’t truly understand what it means, how it works, and how it’s enforced in the criminal defense world. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower will address how extradition works and how it plays out in a typical criminal case. Extradition, in its most simplistic form,…

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