2019

I.C. Code Offense Special Circumstances 35-4—4-1 Rape None 35-42-4-3 Child Molest Must be a Class A or B felony(under old law) or level 1, 2, 3 or 4 felony under the current law. 35-42-4-5 Vicarious Sexual Gratification, Fondling in Presence of Minor This statute includes causing or directing a minor to fondle their own person, encouraging or causing a minor under 16 to have intercourse with another minor under 16, or an adult fondling themselves…

In order for the State of Indiana to meet their burden of “beyond a reasonable doubt” they often have to rely upon the testimony of witnesses as to what they heard, saw, or otherwise experienced through their senses.  From a constitutional standpoint, this testimony is generally requiring the witness to appear in court so that an individual can “confront and cross-examine” (Sixth Amendment to the U.S. Constitution) or otherwise meet them “face-to-face” (Article I, Section…

We take calls all the time from people who have gotten their license in a mess and need help digging out of the hole and back to driving. This article will take an in-depth look into the “Why” of the BMV. First, Indiana separates suspensions by discretionary and mandatory suspensions. By statute, a court is allowed to impose a license suspension for any conviction in which the operation of a vehicle is an element of…

As criminal defense attorneys, we have handled hundreds, if not thousands, of sentencing hearings. And, depending on the circumstances, we may choose to call our client to the stand to testify on their own behalf, or, in the alternative, may ask them not to say a single word. Why? Because each and every case is different. Outcomes are sometimes decided in advance. Sometimes there are times when hearing from the defendant is essential. So, when…

Banks & Brower, LLC strongly encourages community involvement. Luckily, there are several avenues open to people in order to make an impact in their community. One way you can get involved in your community and play an active role is by voting. Get out and vote for the candidate who will fix the potholes (we all know this one is much needed), one who wants to preserve history while growing their community in an appropriate…

This is one of the most common questions that we are asked when we are meeting with a new client.  The short answer, like almost all answers in the legal world, is that it depends.  In today’s blog we will look at the factors a prosecutor will consider in deciding whether they think you should have to do jail time as part of your possible punishment for a criminal charge.  It should be noted this…

For nearly two centuries, the concept of the “insanity defense” has been debated and changed in Indiana’s Appellate Courts.  Central to the debate is the recognition that, when a mental illness renders a person incapable of distinguishing right from wrong, the law excuses their would be criminal conduct.  Left with answering the question whether a particular individual in any criminal case meets that criteria is the “trier of fact” or the jury or trial judge. …

When a defendant pleads guilty to any crime in the State of Indiana, they either must be informed in writing, in person, or by video of the constitutional rights they waive by pleading guilty. That’s an important step in someone taking responsibility for their actions, as the United States and Indiana Constitutions demand a complete understanding of what you are entitled to in your defense. And, thus, when you plead guilty, you are waiving the…