You have seen it a number of times on TV, or if you’re real unlucky, maybe you have even seen it in person. They are the Standardized Field Sobriety Tests. They consist of the “eye test,” the walk and turn and the one leg stand. The “eye test” is actually the Horizontal Gaze Nystagmus (HGN) test. Sounds like a funny name for a test that just sees if you can follow the tip of a…
Arrested at Little Five in Bloomington? Now What? Though many parents would like to deny it, almost every single college kid is either drinking underage at some point, or partaking in some type of lawless behavior — just usually in the privacy of their own apartments, dorms, or friends’ houses. Yet, without fail, that delinquent behavior seems to leak its way into the public streets whenever a large college event is occurring. Be it an…
When we meet with clients after they have been arrested, they tend to be scared, nervous, uncertain and concerned about the future. In this weeks blog we look at 10 of the most common questions we receive from those that are arrested. Q1. Am I going to have to serve time in jail if I’m convicted? A: It depends. If your crime is a D felony or misdemeanor and you have never been in any…
A Quick Look at Indiana’s Sex or Violent Offender Registry Requirements Most criminal cases bring some sort of self-shame to a defendant’s life. Whether it is the requirement to check “yes” on a background application question on criminal history or being unable to own or possess a firearm from a felony, etc. — we all know criminal convictions have a huge impact on peoples’ lives. Moreover, obviously, some crimes have larger effects than others. And,…
Banks & Brower are accepting resumes for the position of Associate Attorney. The ideal candidate will have experience in Criminal and Family Law. Litigation experience is required. All applications should be received no later than April 25th. Pay will be commensurate with experience. The position will have retirement benefits but no health insurance will be offered.
For this week’s blog we take a look at one of Indiana’s most comprehensive white collar crime charges. Racketeering and the crime of Corrupt Business Influence govern much of the “white collar” crime in Indiana. To understand this charge we must first start with the definition of racketeering. The legislature explained racketeering when it legislatively define what “pattern of racketeering activity” means. Per Indiana code, “Pattern of racketeering activity” means engaging in at least two (2) incidents…
My Son or Daughter Was Arrested, I Need Help…What Should I Do?!!?? One of the worst phone calls a parent can receive is a collect call from a jail and a familiar voice on the other line, saying, “Mom and Dad, I did something really stupid, and I got arrested last night.” While you first struggle to contain the rage you have boiling up inside at their poor decision-making skills, you are also quickly overcome…
In today’s blog we take a look at the statutes governing a person not competent to stand trial and the process one must go through both if the regain competency or if they don’t. Lastly, we look at the leading case in this area and what happens when a person is charged with a crime but cannot ever regain competency. Comprehension to Stand Trial: 35-36-3-3 Substantial probability of attainment of comprehension to stand trial;…