2017

Certain counties around the state have put extensive time and resources into developing problem solving courts to help come up with creative solutions to criminal issues in our society. These courts are built around rehabilitation rather than punitive punishment to help give a different approach to certain types of crimes and situations such as drug, mental health, and veteran type issues. Although most of these programs have strict rules on eligibility, if you can get…

Surprisingly, one of the most common phone calls we receive as defense attorneys at Banks & Brower is that of a victim wanting to drop charges against a defendant and/or looking to hire us to help the defendant. And, even more unsurprisingly, as former prosecutors, these calls made up probably 50% of the calls we received when we worked for the state of Indiana. Why are they so common? The answer probably lies in the…

What Constitutes Neglect of a Dependent? Indiana’s neglect of a dependent statute (I.C. 35-46-1-4) reads in pertinent part: A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally: Places the dependent in a situation that endangers the dependent’s life or health; Abandons or cruelly confines the dependent; Deprives the dependent of necessary support; or Deprives the dependent of education as required by law; Commits…

A Look at the Crimes that Disqualify from Receiving Home Detention in Indiana In 2016, the Marion County Department of Corrections gave over 1 Million Dollars to hire additional staff to accommodate a large increase in home detention due to overcrowding. This puts the number of people on some form of home detention to over 3,000 in Indianapolis. This can be a preferable alternative to those who want to finish the remainder of their sentence…

Despite the obvious consequences that result from a conviction for a serious crime, convictions for certain crimes also cause the offender to become labeled a sexually violent predator (SVP).  By law, a sexually violent predator is somebody “who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.”  IC 35-38-1-7.5. Accordingly, a person convicted of a crime that causes them to be labeled as a sexually…

Navigating the DCS Substantiation Process The Indiana Department of Child Services (“DCS”) is an agency that is designed to protect a child’s welfare. DCS makes the initial determinations and findings on reports of alleged child abuse or neglect. They can either find a case to be “substantiated” or “unsubstantiated.” A substantiated child abuse or neglect report means a determination regarding the status of the report whenever facts obtained during an assessment of the report provide…

The Most F.A.Q. Regarding DUI Refusal Suspensions: Most people have heard by now that refusing to take a chemical test in Indiana as part of any DUI can lead to serious consequences. Some have heard that while it may result in serious consequences, you may be lucky and the officer will be too lazy to bring you in for a blood draw, and thus you avoid a DUI arrest. Regardless, the idea that you can…

I’ve Been Arrested for a Misdemeanor in Indiana, Now What? For most people, when they are arrested for the first time they have committed a misdemeanor.  These are sometimes called “petty” crimes.  However, when someone has been arrested for the first time nothing seems petty and the potential penalties for a misdemeanor sound quite scary. Three Classes of Misdemeanors in Indiana Class A Misdemeanor: A Class A misdemeanor carries a penalty that ranges from 0…